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MISCELLANEOUS 


DOCUMENTS  AND  RECORDS 


RELATING  TO 


NEW    HAMPSHIRE 

AT   DIFFERENT    PERIODS: 


INCLUDING 


I.  Journal  of  the  N.  H.  Convention  which  adopted  the  Federal  Constitution,  1788. 
II.  Journal  of  the  Convention  which  revised  the  State  Constitution  in  1791-1792. 
III.  The  Great  Controversy  relating  to  the  "  New  Hampshire  Grants"  (so  called),  1749 
to  1791 ;  including  troubles  in  border  towns  on  both  sides  of  the  Connecticut  river, 
1781-1783. 
IV.  Letters,  &c.,  of  Committee  of  Safety,  1779  to  1784. 

V.  Census  of  1773. 
VI.  Census  of  1786.  « 

VII.  Appendix,  containing  copies  of  Ancient  Grants,  &c.,  supplementary  to  Volume  I. 


PUBLISHED  BY  AUTHORITY  OF  THE  LEGISLATURE   OF  NEW  HAMPSHIRE. 


VOLUME    X. 


COMPILED  AND  EDITED  BY 

NATHANIEL   BOUTON,  D.  D., 

Corresponding  Secretary  of  the  Neio  Hampshire  Historical  Society. 


CONCORD,  N.  H.: 

EDWARD    A.    JENKS,    STATE    PRINTER. 
1877. 


ISrOTICE. 


JOINT  RESOLUTION,  passed  by  the  Legislature  of  New  Hampshire. 

Resolved  by  the  Seriate  and  House  of  Representatives  i7i  General 
Cotcrt  convened.  That  His  Excellency  the  Governor  be  hereby  author- 
ized and  empowered,  with  the  advice  and  consent  of  the  Council,  to 
employ  some  suitable  person,  and  fix  his  compensation,  to  be  paid  out 
of  any  money  in  the  treasury  not  otherwise  appropriated,  to  continue 
the  collection,  compilation,  and  to  superintend  the  publication  of  such 
portions  of  the  early  State  and  Provincial  Records,  and  other  State 
Papers  of  New  Hampshire,  as  the  Governor  may  deem  proper,  not 
to  exceed  one  volume  ;  and  that  eight  hundred  copies  of  the  same  be 
printed  by  the  State  Printer  and  distributed  as  follows :  namely,  one 
copy  to  each  City  and  Town  in  the  State,  one  copy  to  such  of  the 
Public  Libraries  of  this  State  as  the  Governor  may  designate,  two 
hundred  copies  to  the  New  Hampshire  Historical  Society,  and  the  re- 
mainder to  be  in  the  charge  of  the  State  Librarian,  who  is  authorized 
to  exchange  the  same  for  similar  publications  issued  by  other  States. 

Approved  July  i8,   1876. 


EDITOE'S    PEEFACE. 


The  publication  of  this  tenth  volume  terminates  my  official 
labors  as  editor  and  compiler  of  the  Provincial  and  State 
Papers  of  New  Hampshire.  The  contents  of  the  volume  are 
of  permanent  value,  including  articles  never  before  published 
in  full.  The  Journal  of  the  New  Hampshire  Convention  in 
178S,  which  ratified  the  constitution  of  the  United  States,  and 
that  of  the  Convention  in  1 791-2,  which  revised  the  state  con- 
stitution of  1784,  furnish  the  names  of  the  distinguished  men 
who  composed  those  conventions,  and  mark  an  era  in  our 
history  of  which  the  state  may  justly  be  proud. 

The  papers  relating  to  the  long  controversy  with  New  York 
and  Vermont,  in  respect  of  what  w^ere  called  the  '•  New  Hamp- 
shire Grants,"  form  a  mass  of  material  which,  wrought  into  a 
volume  of  history  with  like  papers  from  other  sources,  will 
equal  if  not  surpass  any  story  of  our  early  times. 

The  letters,  orders,  &c.,  sent  out  by  the  Committee  of  Safety 
during  the  latter  years  of  the  Revolution,  furnish  the  best  evi- 
dence on  record  of  the  extreme  jDrivations  of  the  people,  and 
the  noble  patriotism  which  animated  them.  The  census  of 
1773,  ordered  by  Governor  John  Wentworth,  and  that  of  17S6, 
ordered  by  the  General  Assembly  of  the  state, — neither  of 
which  was  ever  before  published, — exhibit  comparatively  the 
growth  of  the  state  between  those  periods,  and  also  show  how 
SLAVERY,  as  it  existed  in  the  province  before  the  Revolution, 
came  to  a  quiet  end.  The  Constitution  of  17S4,  in  its  Bill  of 
Rights,  "  spake,  and  it  was  done."     Slavery  vanished  without 


IV  EDITORS    PREFACE. 

noise,  without  a  single  known  civil  suit,  without  a  ripple  of 
disturbance  or  turmoil  on  the  face  of  society. 

In  an  Appendix  to  the  foregoing  Papers,  the  editor,  with 
advice  of  His  Excellency,  Governor  Benjamin  F.  Prescott, 
has  thought  proper  to  supplement  the  first  volume  of  Provin- 
cial Papers  by  several  very  important  documents  which  have 
recently  been  brought  to  light.  One  is  what  is  called  the 
Squamscott  Patent,  or  the  Grant  to  Edward  Hilton  of  land  at 
Dover  Neck,  where  a  settlement  was  begun  in  1633  ;  another 
is  the  Grant  of  the  Province  of  Laconia,  Nov.  17,  1629,  which 
serves  to  correct  a  capital  mistake  made  by  our  historian.  Dr. 
Jeremy  Belknap,  as  to  the  name  given  to  the  grant  to  Gorges 
and  Mason,  in  August,  1622,  and  also  the  confusion  in  the  first 
chapter  of  his  history  respecting  the  Laconia  Company  and  the 
Wheelwright  Indian  Deed.* 

In  conclusion  of  his  labors,  the  editor  begs  leave  to  renew 
his  acknowledgments  of  obligation  and  gratitude  to  the  Hon- 
orable Frederick  Smyth,  ex-Governor,  upon  whose  recom- 
mendation to  the  legislature  the  work  was  undertaken,  and  to 
the  several  Governors  of  the  state  in  succession,  by  whose 
encouragement  and  favor,  through  eleven  years,  the  work  has 
been  carried  forward ;  also  to  the  gentlemen,  respectively,  in 
the  ofl!ice  of  Secretary  of  State,  who  have  afforded  him  every 
desired  accommodation  to  consult  early  records  and  papers  ; 
and  no  less  to  the  iDresident  and  officers  of  the  New  Hamp- 
shire Historical  Society,  whose  advice  has  frequently  been 
sought. 

However,  some  errors  and  imperfections  may  be  detected  in 
the  execution  of  the  work,  yet  the  editor  is  conscious  of  having 
aimed  to  accomplish  the  great  undertaking  with  entire  impar- 
tiality, and  with  strict  accuracy  in  the  transcript  of  original 
records  and  documents,  adding  only  such  notes  and  explana- 
tions as  appeared  to  him  necessary  and  just.  It  is  gratifying 
to  the  editor,  and  will  be  to  the  people  of  New  Hampshire, 
to  know  that  the  volumes,  as  they  have  been  published  one 
after  another,  have  become  at  once  a  standard  authority  for 
reference  in   matters   of  history.     They  are  quoted   freely  by 


*  See  note  by  the  editor,  pp.  692,  693;  also,  Vol.  IX,  pp.  xl,  xli.— Ed. 


EDITOR  S   PREFACE.  V 

historians  and  writers  both  in  this  country  and  England. 
Surviving  the  decay  and  ravages  of  time,  they  will  remain  to 
instruct  future  generations  in  the  early  history,  and  in  all  the 
official  proceedings  and  events  of  the  state. 

To  the  candid  judgment  and  acceptance  of  the  People  of 
New  Hampshire,  this  last  volume  of  Provincial  and  State 
Papers, — as  also  all  the  preceding, — is  most  respectfully  sub- 
mitted and  humbly  commended  by  their  obedient  servant, 
the  compiler  and  editor. 

NATHANIEL   BOUTON. 

Concord,  N.  H.,  September,  1S77. 


GEIfEEAL  COIfTENTS. 


Pages 
Journal  of  the  Convention  which  adopted   the  Federal 

Constitution,    1788 1-22 

List  of  Delegates 1-7 

Biographical  Notes  by  the  Editor 8-1 1 

Proceedings  of  Convention  in  Exeter,  February,  1788 12-15 

His  Excellency  John  Sullivan,  President 12 

Proceedings  of  Convention  in  Concord,  June,  178S 16-22 

Articles  proposed  as  amendments 17,  18 

Yeas  and  nays 18,  19 

Adoption  of  the  Constitution 19 

Letter  from  President  Sullivan  to  Gov.  John  Hancock 22 

Journal  of  the  Convention  which  assembled  in  Concord 

to  revise  the  Constitution  of  New  Hampshire,  1791-1792  23-196 

List  of  the  names  of  members 24-29 

Biographical  sketches  by  the  Editor* 30-37 

Proceedings,  organization — Hon.  Samuel  Livermore,  president  38 

Rules  of  procedure 39>  40 

Article  6  of  Bill  of  Rights, — motion  to  strike  out — yeas  and 

nays 41,  42 

Articles  read  and  debated, — 19th  article 42,  43 

General  Court — motion  to  change  the  time  of  meeting,  &c. . . .  43 

House  of  Representatives — yeas  and  nays 44,  45 

Motion  to  strike  out  the  religious  test  or  qualificationf 46 

Executive  power — motion  to  change  the  title  of  president  to 

governor 47 

Motion  to  reduce  the  number  of  the  house — yeas  and. nays. . .  48-50 

Report  of  Committee  on  the  Senate,  »S;c 5i>  52 

Oaths  and  subscriptions — sundry  motions 52,  53 

Committee  appointed  to  reduce  proposed  amendments  to  form  53 

*  The  biographical  sketch  of  Col.  Nathaniel  Head  (p.  32)  is  not  fully  correct.  There  were 
two  men  of  the  same  name.  Col.  Nathaniel  Head,  of  Pembroke,  was  from  Bradford;  died 
Oct.  16,  1825,  aged  nearly  83  years.  Nathaniel  Head,  Esq.,  of  Hooksett,  was  the  grand- 
father of  Gen.  Natt  Head;  he  died  Oct.  4,  1829,  aged  75. — Ed. 

t  On  page  46,  under  "Yeas,"  the  name  "  P.  Page"  should  be  D.  Page.—Y.t). 


Vlll  GENERAL    CONTENTS. 

Pages 

Committee  on  the  "Council"  and  on  the  journals  of  both 

houses 54 

Committee's  report  on  19th  article  of  Bill  of  Rights 54 

Report  of  Committee  on  the  Council 55>  5^ 

Resolves  relating  to  courts,  Sec 56,  57 

Committee  appointed  to  prepare  and  report  amendments  to  be 

submitted  to  the  people — adjournment $7 

Members  present  at  adjourned  meeting,  February  8,  1792. . . .  58-62 

Report  of  Committee  on  Alterations  and  Amendments 63-71 

Bill  of  Rights — articles  19,  20,  39 63,  64 

Part  II.     General  Court 64 

Senate 65-67 

House  of  Representatives 67 

Executive  power — governor 67,  68 

Council 68 

County  treasurers,  &c 69 

Judicial  power 69 

Oath,  &c 70 

Constitution  as  reported  by  the  committee 71-91 

Parti.     Bill  of  Rights 71-76 

Part  II.    Form  of  government 76 

General  Court 76-78 

Senate 78-80 

House  of  Representatives 80-82 

Executive  power — governor 82-85 

Lieutenant  governor,  council 85,  86 

Secretary,  county  treasurer,  &c 86,  87 

Judiciary  power,  clerks  of  courts 87,  88 

Encouragement  of  literature 88 

Oath  and  subscriptions,  &c 89-91 

Journal  resumed , 91 

Report  (above)  examined  and  debated  in  committee   of  the 

whole 91-103 

The  39th  article  in  Bill  of  Rights  struck  out 91,  92 

Proposition  to  meet  in  September,    November,   or  January, 

negatived 92 

'♦  President"  changed  to  governor,  lieut.  governor  denied. ...  92 
Biennial  sessions  and  reduction  of  house  denied,  increase  of 

senate 94-96 

Judiciary  system  considered,  &c 97-99'  io5 

Report  of  sub-committee  on  amendments 103-106 

Proposal  to  meet  annually  in  October 107 


GENERAL    CONTENTS.  ix 

Pages 

Reduction  of  representatives  negatived " io8 

Sixth  article  of  Bill  of  Rights  amended   io8 

Division  of  the  state  into  five  senatorial  districts 109 

Committee  to  lay  the  amended  constitution  before  the  people — 

plan  proposed 11  o-i  12 

Articles  of  amendment,  sent  out  to  the  people 1 13-126 

Proposed  amendment  of  article  6th  of  Bill  of  Rights 113 

Senate,  to  consist  of  thirteen 114 

Religious    qualification     of    "the     Protestant    religion '^ 

omitted 116,  118,  119,  121 

Constitution  with  articles  of  amendment  incorporated 1 26-141 

Return  of  votes  on  the  amendments 141 ,  142 

Further  action  of  convention 142,  143 

Further  amendments  to  be  sent  out  to  the  people,  reports  of 

committees 144-152 

Articles  as  sent  out 152-164 

Senate  to  consist  of  twelve  members,  and  annual  meeting 

of  legislature  in  June 153 

Religious  qualification  of  "Protestant  religion"  included  153,  156 

Return  of  votes  on  the  proposed  amendments 166,  167 

Constitution  approved  by  the  people 167-196 

Convention  dissolved 168 

The   Controversy   relating   to   the  "New  Hampshire 

Grants,"  so  called,  from  1749  to  1791 197-500 

SECTION  I. 

Controversy  with  New  York  in  relation  to  Boundary  199-215 

1749. 
Nov.  17.     Letter  from  Gov.  Benning  Wentworth  to  the  gov- 
ernor of  New  York 199 

1750.     Minutes  of  the  Council  of  New  York,  April  3 200 

Apr.  25,     Letter  from  Gov.  Benning  Wentworth  to  Gov.  Geo. 

Clinton 201 

June    6.     Letter  from  Gov.  Clinton  to   Gov.  Wentworth 202 

June  22.     Letter  from  Gov.  Wentworth  to  Gov.  Clinton 203 

July  25.     Letter  from  Gov.  Clinton  to  Gov.  Wentworth 203 

List  of  Grants,  by  Gov.  Benning  Wentworth,  west 

of  Connecticut  river,  between  1749  and  1764. ..  204-207 

1763.     Proclamation  by  Gov.  Colden,  of  New  York 207 


GENERAL    CONTENTS. 

Pages 
1764.     Pro'clamation  by  Gov.  Wentworth,  of  New  Hamp- 
shire, March  13 208-210 

Gov.  Colden's  statement  to  the  Lords  of  Trade,  in 

England,  Jan.  20 211-215 


SECTION  II. 

1768.  Proceedings  relating  to  the  New  Hampshire 
Grants  under  the  administration  of  Gov. 
John  Wentworth 215-221 

Oct.   18.     Memorial  of  John  Wendell 215-217 

Extract  from  Mr.  S.  Johnston's  letter 216 

1771. 
Oct.  19.     Extract  from  Gov.  John  WentwortlVs  letter  to  Gov. 

William  Tryon,  of  New  York 217-220 

Dec.  23.     Letter  from  Gov.  Tryon  to  Gov.  Wentworth 220,  221 

SECTION  III. 

Brief   history  of   the  controversy,  by  Dr. 

Jeremy  Belknap 221-228 


SECTION  IV. 

Discontent   in   the   border    towns   of  New 

Hampshire    east    of    Connecticut    river  228-241 

Note  by  the  Editor 228 

1776. 
Dec.  16.     Extract  from  a  letter  of  Hon.  Meshech  Weare  to 

N.  H.  delegates  in  Congress 228 

An  address  "of  several  towns,  &c.,  to  the  people  at 

large 229-235 

State   of  New    Hampshire — to   the  selectmen   of 

Hanover 235 

Proceedings  at  town-meetings 236-241 

Meeting  at  Hanover 236 

Nov.  25.             Meeting  at  Lyme 237 

Dec.    9.             Meeting  at  Acworth 238 

Dec.  1 1 .            Marlow — petition 239 

Dec.  12.             Chesterfield — instructions 239 

Dec.  13.            Haverhill,  and  other  towns 240 


GENERAL    CONTENTS.  Xl 

Pages 
SECTION  V. 

Vermont   assumes    government  —  New    York 

OPPOSES 241-252 

Note  by  the  Editor 241 

1777. 

Jan.   15.     Declaration  and  petition  of  inhabitants  of  the  New 

Hampshire  Grants  to  Congress 242-246 

His  Majesty's  order   prohibiting  more  grants   of 

land,  &c 243 

Jan.  20.     Minutes  of  New  York  Committee  of  Safety 246-249 

Jan.  20.     Letter  of  Committee  of  Safety,  New  York,  to  John 

Hancock 249,  250 

Mar.    I.     Letter  from  Abraham  Tenbroeck  to  John  Hancock  251 

April  7,  8.     Orders  of  Congress,  &c 252 


SECTION  VI. 

Vermont  asks  aid  from  New  Hampshire 253-255 

July  15.     Letter  from  Ira  Allen  to  N.  H.  Com.  of  Safety.  . , .  253 

July  15.     Letter  from  Ira  Allen,  for  hastening  on  troops 254 

July  19.     Letter  from  Meshech  Weare  in  answer  to  the  above*  255 
1778.     Proclamation  of  Gov.  George  Clinton  of  New  York, 

Feb.  23 256-258 

A    pamphlet    signed    "Republican,"    containing 

observations  on  the  right  of  jurisdiction,  &:c. .  259-267 
An  address  in  answer  to  the  foregoing,  by  "  Pacifi- 

cus," 268-270 


SECTION  VIL 

First  attempt  of  border  towns  in  New  Hamp- 
shire TO  unite  with  Vermont 272-295 

Notes  by  the  Editor  on  the  boundary  lines 272-274 

The   Mason   line   determined   by  the   legislature, 

1787 274-276 

1778.      Sixteen  towns  east  of  Connecticut  river  propose  to 

unite  with  Vermont 276 

June  25.     Letter    from    Nehemiah    Estabrook    to   Meshech 

Weare  about  said  union 277 

*  Page  255.     The  word  "-Colonies"  in  this  article  should  be  Colonels, — Ed. 


XU  GENERAL    CONTENTS. 


Pages 


1778. 

Aug.  19.     Letter  from  Meshech  Weare  to  N.  H.  delegates  in 

Congress  touching  said  union 278 

Aug.  22.     Letter  from  Meshech  Weare  to  Gov.  Chittenden 

of  Vermont 279-281 

Oct.  10.     Report  of  Gen.  Ethan  Allen  on  the  said  subject  to 

the  General  Assembly  of  Vermont 282-284 

Oct.  2 1 .     Action  of  Vermont  Assembly  thereon 284 

Oct.  22.  Protest  of  members  respecting  towns  east  of  Con- 
necticut river — signers'  names 285,  286 

Oct.  23.     Letter  from  Gov.  Thomas  Chittenden  to  Meshech 

Weare  relating  to  said  sixteen  towns 287 

Oct.  23.     Letter  from  Ethan  Allen,  relating  to  the  same. . . .     287,  288 

Oct.  23.  Letter  from  the  Convention  at  Windsor,  signed  by 
Joseph  Marsh,  to  Henry  Laurens,  President  of 

Congress 289,  290 

Biographical  notes  on  Elisha  Payne,  Joseph  Marsh, 

and  John  Wheelock 288,  290,  291 

Nov.  4.  Communication  from  Ira  Allen  to  the  General  As- 
sembly of  New  Hampshire,  expressing  his 
views,  &c 291-294 

Nov.  5.  Letter  from  Meshech  Weare  to  Thomas  Chitten- 
den, on  the  visit  of  Ira  Allen,  &c.  (note) 294 

Letter  from  Meshech  Weare  to  Ethan  Allen 295 

A  Paaiphlet  entitled  "A  Public  Defence  of  the 
right  of  Nev/  Hampshire  Grants  on  both  sides 
of  the  Connecticut  river  to  form  themselves  in- 
to an  Independent  State." — Dresden:  Printed 
by  Alden  Spooner,  1779* 296-324 


SECTION   VIII. 
Measures  to  form  a  new  State,  of  Towns 

WEST  OF  Connecticut  River 3^5-335 

Dec.    9.     Resolves  of  a  Convention  at  Cornish 325 

Dec.  12.     Letter  from  Ira  Allen  to  Meshech  Weare,  relative 

to  the  existing  state  of  affairs 327 

Nov.  27.     Address,  by  Ira  Allen,  to  the  inhabitants  of  the 

state  of  Vermont 329-332 

*  A  few  verbnl  errors  have  been  detected  in  the  transcript  of  this  pamphlet,  which  readers 
if  they  please,  may  correct  as  follows  :  P.  305,  first  line,  for  "  alterations,"  read  altercations; 
p.  307,  fifth  line  from  bottom,  insert  /m^f  after  "  they;  "  p.  309,  fourth  line  from  top,  for  "  re- 
gal," read  royal;  p.  311,  eleventh  line  from  top,  for  "Government,"  read  Governor;  p.  312, 
seventeenth  line  from  bottom,  for  "sure,"  read  soon;  p.  323,  eighteenth  line  from  top,  after 
"  in,"  read  the  ap/>oi?itment  of. — Ed. 


GENERAL    CONTENTS.  Xlll 

Pages 
1779. 
Feb.  12.     Final  dissolution  of  the  union  of  towns  east  of  Con- 
necticut river  with  the  state  of  Vermont 333 

Feb.  26.     Letter  from  Thomas  Chittenden  to  Meshech  Weare, 

relating  to  the  foregoing,  &c 334 

Mar.    4.     Letter  from  Ethan  Allen  to  Meshech  Weare 335 


SECTION   IX. 

Proposal  to  unite  all  the  New  Hampshire 
Grants  with  the  State  of  New  Hamp- 
shire       336-341 

Mar.  17.  Petition  of  Jacob  Bailey  and  Davenport  Phelps,  re- 
lating to  a  connection  of  all  the  New  Hamp- 
shire Grants  with  the  state  of  New  Hamp- 
shire    336 

Apr.    2.     Proceedings  of  the  Legislature  of  New  Hampshire 

on  the  foregoing  petition 337 

Apr.  23.  Proposal  of  sundry  matters  to  the  town  of  New- 
bury, by  order  of  a  committee,  &c 33^ 

May.  Returns  from  Hartford,  Moretown,  and  Peacham. .    339,  340 

June    3.     Col.  Olcott  and  Beza.  Woodward,  agents 341 


SECTION   X. 

Reference  to  Congress  of   matters  in  Con- 
troversy      341-354 

June  I.  Resolves  of  Congress  respecting  the  New  Hamp- 
shire Grants 34^ 

June  3.  Letter  from  Thomas  Chittenden  to  Meshech  Weare 
respecting  a  jurisdictional  claim  of  New  Hamp- 
shire to  the  territory  of  Vermont 342 

June    4.     Appointment    and    Instructions    of    Ira   Allen   as 

agent,  &c ^ 343 

June  24.     Action  of  General  Assembly  on  the  foregoing 344 

July  13.     Address  by  Ira  Allen  to  the  Inhabitants  of  Vermont 

relating  to  the  aforesaid  affairs 345-351 

Sept.  24.  Resolves  of  Congress  respecting  the  New  Hamp- 
shire Grants 35^-354 

Oct.     2.     Further  Resolves  in  relation  to  the  same 354 


XIV  GENERAL    CONTENTS. 

Pages 
1779. 

Oct.  12.     Letter  from  Woodbury  Langdon,  delegate  in  Con- 
gress, to  Meshech  Weare,  respecting  Vermont,     355-358 
Note  by  the  Editor — "  Sundry  articles  to  be  com- 
plied with  " 358 

Letter  to  the  committee  appointed  by  Congress  to 

meet  at  Vermont 360 

Letter  from  Samuel  Huntington,  Pres.  of  Congress, 

to  Meshech  Weare,  June  6,  1780 361 

Resolutions  of  Congress  in  relation  to  affairs  in  the 

New  Hampshire  Grants 361,  362 

Letter  of  Joseph  Marsh,  Peter  Olcott,  and  Beza. 

Woodward  to  the  President  of  Congress 2^;^ 

Letter  from  Beza.  Woodward  to  Samuel  Livermore  365 

Letter  from  Thomas  Chittenden  to  Pres.  Samuel 

Huntington  respecting  sundry  acts  of  Congress,     366-371 
Aug.  30.     Beza.  Woodward's  petition  in  behalf  of  people  above 

Charlestown,  N.  H.,  Grants 371-374 

Aug.  31.     Another  letter  from  Beza.  Woodward,  relating  to 

N.  H.  Grants 374,  375 

Sept.  16.  Letter  from  John  Sullivan,  delegate  in  Congress, 
to  Meshech  Weare,  relating  to  affairs  in  Ver- 
mont      37S-377 

Nov.  6.  Letter  from  Jacob  Bailey  to  Meshech  Weare,  rela- 
ting to  Vermont,  Canada,  &c 377-379 

Oct.  30.  Extract  of  a  letter  from  Ira  Allen,  at  Otter  Creek, 
to  Capt.  Safford,  at  Bethel,  east  of  the  moun- 
tains   279 

Nov.  22.  Letter  from  Gen.  Bailey  to  Meshech  Weare  rela- 
ting to  the  same  affairs 379,  380 


July 

3 

1780. 

June 

2 

July 

20. 

July 
July 

25. 
25. 

SECTION  X. 

Fresh   measures   to   form   a   new    State   on 

both  sides  of  the  connecticut  river 381-4oo 

Convention  at  lYalpole,  Nov.  15,  16,  1780 381-383 

Dec.  12.     Letter  from  Thomas  Chittenden  to  Meshech  Weare, 
inclosing  a  copy  of  his  letter  to  Congress  of 

25th  July 384,  385 

1781.  Resolutions  of  the  General  Assembly  of  New  Hamp- 
shire, Jan.  13,  1781,  instructing  its  delegates 
in  Congress 385 


GENERAL    CONTENTS.  XV 

Pages 
I781. 

Feb.    3.     Letter  from  Joseph  Fay  to  Meshech  Weare,  accom- 
panying the  letter  of  Gov.  Chittenden 386 

Convention  at  Charlestown,  Jan.  16,  1781— Note — 

Origin  of  Convention 3^7 

Journal  of  said  Convention,  Jan.  16-18 3SS-393 

Protest  of  a  minority  of  the  delegates,  Jan.  18 393,  394 

Secret  history  of  the  Convention,  by  Ira  Allen. .  ^.  394-39^ 
Feb.  10.     Note  by  the  Editor— Letter  from  Elisha  Payne  to 

the  General  Assembly  of  Vermont 39^ 

Feb.  22.     Rules*  of  Negotiations,  or  terms  of  Union 397 

Apr.    5.     Result  of  submitting  the  abovesaid  terms  of  Union 

to  the  towns  specified— List  of  Towns, f  &c. . .  398,  399 

Members  from  towns  east  of  Connecticut  river 400 


SECTION  XI. 

Disputed  Jurisdiction 401-430 

June  20.     Letter  from  President  Weare   to  the  delegates  of 
New  Hampshire  in  Congress,  June  20,   1781, 

relating  to  existing  difficulties 401 

July  10.     Letters  from  John   Sullivan  to  Meshech  Weare  on 

the  same  subject 402,  403 

Aug.    7.     Letter  from  Timothy  Ellis  to  the  N.  H.  Committee 

of  Safety 404 

Aug.    7.     Resolves  of  Congress  respecting  a  decision  of  the 
disputes  relating  to  N.  H.  Grants— Committee 

of  Congress 4o5'  4^6 

Aug.  21.     Letter  from  Samuel   Livermore,  delegate  in  Con- 
gress, to  Meshech  Weare 4^7 

Letter  from  several  inhabitants  of  Haverhill  (Coos) 

to  the  Committee  of  Safety,  N.  H.     [No  date]    407,  408 
Aug.  25.     Memorial  of  sundry  inhabitants  of  Chesterfield  to 
the  Council  and  House  of  Representatives,  re- 
lating to  the  revolt  of  sundry  towns — Names. .    409,  410 
Sept.  21.     Proceedings    of  a   meeting   of  persons    from   ten 
towns  in  Cheshire  county,  at  Keene,  Sept.  21, 

1781 411 

Oct.     2.     Letter  from  Samuel  Livermore  to  Meshech  Weare,  412 
Oct.  12.     Memorial  of  John  Clark,  of  Landaff,  to  the  Com- 
mittee  of  Safety,    relating   to   hardships,   in- 
sults, &c 412-416 

*  Page  397,  for  "  Result,"  read  Rules.— Ed. 
fFor  "  Newport  (Vt.),"  read  Reuport.— Ed. 


XVI  GENERAL    CONTENTS. 

Pages 
1781. 

Oct.  13.  Petition  of  inhabitants  of  LandafF  for  aid  and  pro- 
tection   416 

Oct.  19.     Action  on  the  Memorial  of  John  Clark 417 

Oct.  17.  Report  of  a  Committee  of  Congress,  to  whom  was 
referred  certain  papers  relative  to  New  Hamp- 
shire       41 8-422 

Oct.  16-19.  Report  of  the  Council  and  Assembly  of  Vermont 
on  the  Report  of  the  Vermont  delegates  to 
Congress 422-426 

Oct.  22.     Smnmons  to  Daniel  Shattuck,  &c 426 

Oct.  27.  Elisha  Payne  to  Meshech  Weare,  transmitting  res- 
olutions relating  to  Commissioners,  &c 427 

Oct.  27.     Commission  for  the  settlement  of  boundary  lines, 

&c 428 

Oct.  27.     Proclamation  of  Thomas   Chittenden  for  a  day  of 

Public  Thanksgiving 429 

SECTION  XII. 

Collision  in  Border  Towns 430-485 

Note  by  the  Editor 431 

Nov.  15.     Letter  from  Gen.  Benj.  Bellows  to  Meshech  Weare, 

relating  to  troubles  in  that  part  of  the  state  431 

Substance  of  complaints  against  Nathaniel  Bingham 

and  John  Grandy  by  Samuel  Davis 432,  433 

Nov.  12.     Warrant  to  apprehend  John  Grandy,  Jun 433 

Nov.  12.     Warrant  to  apprehend  and  secure  in  gaol  Nathaniel 

Bingham 434 

Nov.  16.  Petition  of  Nathaniel  Bingham  and  John  Grandy, 
Jun.,  to  the  Council  and  House  of  Representa- 
tives, N.  H 435 

Nov.  16.     Statement  of  facts  by  Nathaniel  Bingham 436 

Nov.  28.  An  act  empowering  the  sheriff  of  the  county  of 
Cheshire  to  release  certain  persons  from  prison 
in  Charlestown 437-439 

Nov.  29.  Mittimus  for  committing  Col.  Enoch  Hale  to  pris- 
on     439,  440 

Nov.  29.  Letter  from  Gen.  Bellows  to  Meshech  Weare,  in- 
forming him  of  the  imprisonment  of  Col.  Hale    440,  441 

Dec.    I.     Letter  from  Samuel  King  to  Col.  Chamberlain  and 

others  on  the  abovesaid  matters 441-443 


GENERAL    CONTENTS.  XVll 

Pages 
I781. 

Dec.  2.  Letter  from  Col.  Wm.  Haywood  to  Capt.  Phineas 
Hutch  ins  (with  a  copy  of  Sheriff  Page's  ex- 
press)    443 

Dec.    5.     Letter  from  Michael  Cressey,   of  Chesterfield,  to 

Gen.  Bellows 444 

Dec.    5.     Orders*  to  raise  the  body  of  Alilitia  to  release  Col. 

Enoch  Hale  from  prison 444-449 

Dec.  12.     Letter  from  Col.  Enoch  Hale,  sheriff  of  the  county 

of  Cheshire,  to  Meshech  Weare 449 

Dec.  14.     Letter  and  order  from  Thomas  Chittenden  to  Elisha 

Payne 450 

Dec.  14.     Letter  from  Thomas  Chittenden  to  Wm.  Page. ...  451 

Dec.  15.  Instruction  from  Gov.  Chittenden  to  Ira  Allen  re- 
specting boundary  lines 451 

Dec.  18.     Letter   from    Samuel    Livermore  to  Pres.  Weare, 

relating  to  proceedings  in  Congress 452 

Dec.  21.  Letter  from  Elisha  Payne  to  Pres.  Weare,  propos- 
ing amicable  measures 453 

Dec.  21.     Order  of  Elisha  Payne  to  Roger  Enos  and  Wm. 

Page 454 

Dec.  22.     Letter  from  Enoch  Hale,  in  person,  to  President 

Weare,  respecting  an  adjustment,  &c 455 

Dec.  27.     Warrants   from   Josiah    Bartlett   to   arrest   certain 

persons 456-459 

Dec.  27.  Report  of  Committee  of  N.  H.  House  of  Represent- 
atives about  admitting  Wm.  Page  to  bail 459,  460 

Dec.  29.     Letter  from  Ira  Allen  to  Josiah  Bartlett,  requesting 

a  copy  of  N.  H.  Acts  and  Resolutions 460 

Dec.  29.     Joint  Letter  of  Ira  Allen  and  Roger  Enos  to  Josiah 

Bartlett 461 

1782. 

Jan.     I.     Letter  from  Samuel  Livermore  to  President  Weare, 

relating  to  "  Vermonters  '' 461 

Jan.  I.  Letter  from  Gen.  Washington  to  Gov.  Thomas 
Chittenden,  relating  to  the  N.  H.  Grants  (see 
p.  227) 462-464 

Jan.     I.     Reward  offered  for  taking  Samuel  King 464 

Jan.     I.     Letter  from  Capt.  Joseph  Burt  to  Pres.  Weare 465 

Jan.     2.     Letter  from  Gen.  Bellows,  relating  to  the  rescue  of 

Samuel  King  by  a  mob 466 

*Page  444,  seventh  line  from  bottom,  for  "  Records  in  Secretary's  office,"  read  Letters  in 
Library  o/N.  H.  Hist.  Soc. — Ed. 


XVlll  GENERAL    CONTENTS. 

Pages 
1782. 

Jan.     7.     Letters  of  Committee  of  Safety — AYarrant  to  arrest 

Nathaniel  S.  Prentice 467 

Letters  from  Meshech  Weare  to  Samuel  Livermore, 
relating  to  troubles  in  border  towns  and  to 
taxes 468-473 

Jan.     8.     Letter  from  Wm.  Page,  in  gaol  at  Exeter,  to  Elisha 

Payne 473-475 

Jan.     8.     Resolve  to  send  an  armed  force  to  the  western  part 

of  the  state* 475 

Jan.  10.     Proportion  of  men  to  be  raised 476 

Jan.  10.  Col.  Charles  Johnston  and  Col.  David  Page  to  raise 
scouting  parties,  &c..  Gen.  Sullivan  to  take 
the  chief  command  of  forces,  &c 477 

Jan.    8.     Letter  from  Samuel  Livermore  to  Pres.  Weare.. . .  478 

Answer  of  Pres.  Weare  to  the  same 479 

Jan.  10.     Letter  from  Gen.  Bellows  relating  to    Doct.  Wm. 

Page 479 

Jan.  II,  12.  Letters  from  Col.  Enoch  Hale  relating  to  the 
rescue  of  Esq.  Giles,  and  his  own  seizure  by  a 
mob,  &c 480-483 

Jan.  14.     Petition  of  inhabitants  of  Claremont,  praying  for 

relief,  &c 483 

Mar.  26.     Letters  from  Samuel  Livermore  to  Pres.  Weare, 

and  note  by  the  Editor 484,  485 

SECTION  XIIL 
Border  towns  unsettled 486-500 

May  31.  Resolutions  passed  by  committees  of  certain  bor- 
der  towns,  with  a  memorial  to  the  General 

Assembly  of  N.  H 486-489 

June  21.     Action  of  General  Assembly  thereon 489 

July     2.     Letter  from  President  Weare  to  Gov.  Clinton   of 

New  York,  relating  to  said  memorial 490 

July  30.     Letter  from  Thomas  Sparhawk  and  Benj.  Bellows 

on  affairs  in  Cheshire  county 491-493 

July  31.     Letter  from  Doct.  Wm.  Page  to  Pres.  Weare 493 

Nov.   7.     Request  of  selectmen  of  Newbury  for  jurisdiction 

of  New  Hampshire  to  be  extended  over  them  494 

*  Page  475.     In  note  at  the  bottom,  for  "  which  no  doubt  was  issued  at  the  time,"  read 
which  perhaps  was  fiever  issued. — Ed. 


1782. 

Dec.  II. 

^7^3- 

Jan.   16. 

Feb.  II. 

GENERAL    CONTENTS.  XIX 

Pages 

Letter  from  P.  White  and  John  T.  Gihiian,  in  Con- 
gress, to  Pres.  Weare 495 

Letter  from  John  Taylor  Oilman  to  Meshech  Weare  496 
Letter  from  Enoch  Hale  to  Meshech  Weare,  rela- 
ting to  difficulties  in  Cheshire  county 497 

Note  by  the  Editor 498 

All  act  of  Congress  for  the  adniission  of  the  State 

of  Vermont  into  the  Union 499,  500 


Letters,    Orders,   &c.,   by  the   New  Hampshire  CoMxMittee  of 
Safety,  1779  to  1784 501-620 

(Copied  from  a  MS.  volume  in  the  Library  of  N.  H.  Hist.  Soc.) 

[Note.  Readers  will  perceive  that  the  letters  and  orders  which  follow  are 
so  various  and  numerous  that  it  is  very  difficult  to  analyze  them,  or  to  de- 
scribe their  contents  in  few  words.  The  editor  therefore  only  makes  a 
minute  of  the  dates,  with  the  persons  to  whom  addressed,  when  known, 
and  with  a  few  words  indicating  the  matter.] 

1779. 

Jan.    9.     To  a  committee  in  Alstead — about  counterfeiters. .  503 

1780. 

Feb.  19.     To  officer  in  charge  of  continental  stores  in  Coos..  503 

Mar.    7.     To  Jacob  Cuyler,  Esq 504 

Mar.  31.     To  Maj.  Joseph   Bass,  clothier,  &c 504 

Apr.  28.     To  Hon.  Jerem.  Powell,  relating  to  Eastern  expe- 
dition    505 

Apr.  28.     To  Messrs.  Peabody  and  Folsom,  in  Congress. . . .  505 

May  12.     To  Col.  Jonathan  Chase — order  to  raise  60  men. ..  506 

May  12.             "           "             "         relating  to  the  same 507 

May  26.     Resolve  of  Oeneral  Assembly,  relating  to  wheat  and 

flour 507 

May  26.     To  President  Powell  of  Tvlassachusetts,  relating  to 

attack  on  Canada 508 

May  27.     To  Jacob  Cuyler,  Esq.,  relating  to  paying  drafts. .  508 

May  27.     To  committee  of  Haverhill,  about  trade  with  Indians  509 

May  27.     Order  about  raising  men 509 

May  27.     To  Messrs.  Peabody  and  Folsom,  relating  to  taxes  510 


XX 


GENERAL    CONTENTS. 


Pages 
1780. 

May  27.     To  James  Underwood,  respecting  forfeited  lands. .  511 

June    2.     To  Col.  Nichols  and  Mr.  Underwood,  respecting 

forfeited  lands 511 

June    2.     About  purchasing  rum 511 

June  24.     To  Capt.  Neh.  Houghton,  about  mustering  men. .  512 

June  28.     To  Major  Childs,  about  purchasing  wheat 512 

June  28.     To  Col.  Stephen  Peabody,  about  mustering  men. .  512 

June  30.     To relating  to  purchase  of  horses 513 

July    —     To   Maj.   Benj.    Whitcomb,  to    take    command  of 

forces 514 

July     I.     To  Col.  Hunt,  relating  to  purchase  of  horses 514 

July     I.     To about  recruits  and  supplies  for  the  army  515 

July     6.     To relating  to  supplies,  &c 516,517 

July    13.     To  Nicholas  Gilman,  Rec.  General 517 

July    15.     Relating  to  powder,  beef  and  rum,  and  seamen...  518 

July   15.     To  Noah  Emery,  Jr., — instructions,  &c 518 

July  18.  To  Doct.  Pelet'h  Warren,  request  to  act  as  surgeon  519 
July   18.     To  Capt.   Eliphalet   Giddinge,    about  forwarding 

beef  cattle 520 

July   iS.     To  Capt.  Samuel  Reynolds,  order  to   proceed   to 

Connecticut  river 520 

July  26.     To  Hon.  James  Bowdoin,  president  of  Massachu'ts  520 

July  20.     To  Col.  Stephen  Evans,  orders  to  march,  &c 521 

July  28.     To  Samuel  Livermore,  Esq.,  agent,  relating  to  N. 

H.  Grants 521 

July  29.     Hon.  John  Langdon,  delegate   to  Boston,    about 

the  war,  &c 522 

Aug.    2.     To  Jacob  Cuyler,  Esq.,  excuse  for  non-payment  of 

drafts 523 

Aug.    5.     To  Samuel  Livermore,  relating  to  N.  H.  Grants. ..  524 

Aug.  10.     To  Capt.  Shubael  Geer,  instructions 524 

Aug.  10.     To  Mr.  Jona.  Martin,  instructions* 525 

Aug.  12.     To  Maj.  B.  Whitcomb,  instructions 525 

Aug.  12.     To  Doct.  Phelps,  to  act  as  surgeon 526 

Aug.  19.     To  Jedediah  Jewett,  to  procure  a  horse  for  Gen. 

Sullivan 526 

Aug.  19.     To  Capt.  Josiah  Moulton  and  Col.  S.  Folsom 527 

Aug.  19.     To  Col.  Joshua  V/entworth 527 

Aug.  19.     To  the  Board  of  War 527 

Aug.  23.     To  Capt.  Eliphalet  Giddings,  to  collect  beef  cattle  527 

*  Fourth  line  from  top,  the  word  "  amount"  should  be  account. — Ed. 


GENERAL   CONTENTS.  XXI 

Pages 
1780. 

Aug.  23.     To  Eph.  Blaine,  Esq.,  about  beef  cattle 528 

Sept.  7.     Muster  master's  returns 528,  529 

Sept.  8.     To  Capt.    Sam'l  Gilman,    trustee  of  Gov.  Went- 

worth's  estate 529 

Sept.  6.     To  Major  Child,  about  supplies,  &c 529 

Nov.  18.     To  Col.  David  Webster  and  John  Millen,  Esq.,  to 

forward  supplies 530 

1781. 
Feb.    9-     To  Francis   Blood,  Esq.,  on  provisions  for  Cols. 

Nichols  and  Ellis 531 

Feb.    9.     To  Col.  Hunt,  relative  to  the  same 531 

Feb.    9.     To  Cols.  Nichols  and  Ellis,  do.  do 532 

Feb.  12.     To  Col.  Jabez  Hatch,  about  a  continental  stable. .  532 

Feb.    8.     To  Selectmen relative  to  collecting  taxes. .  533 

Feb.  15.     Orders  to  Lts.  Bezaleel  Howe  and  Jos.  Boynton,  to 

forward  recruits 534 

Feb.  17.     To  Joseph  Gilman,  Esq.,  about  settling  accounts. .  534 

Feb.  17.     To  Capt.  Eliphalet  Giddinge,  do.  do 534 

Mar.    2.     To  Col.  Supply  Clapp,  do.  do 535 

Mar.    9.     Col.  Timothy  Ellis  and  Gen.   Moses  Nichols,  to 

supply  troops 535 

Mar.    9.     To  Francis  Blood,  Esq.,  to  furnish  supplies 535,  536 

Feb.  16.     Orders  to  Sam'l  Wells,  Serj.  Major,  about  forward- 
ing men 536 

Mar.  31.     Orders  to  Lt.  Beza.  Howe,  Joseph  Boynton,  and 
Sam'l  Wells,   about   forwarding   recruits   and 

clothing ^^^y 

Apr.    7.     To  Charles  Johnston,  Esq.,  and  James  Woodward, 

relating  to  lands  of  absentees 537 

Apr.  12.     To  Eliphalet  Hale  and  Geo.   Dame,  inspectors  of 

shoes 537 

Apr.  12.     To  Lt.  Col.  Sam'l  Chase,  to  rent  lands  of  absen- 
tees    538 

Apr.  13.     To  Capt.  Ebenezer  Dearing,  to  raise  a  company  for 

the  defence  of  Piscataqua  harbor 538 

Apr.  14.     Hon.  John  Wentworth,  Jun.,  a  Delegate   to  Con- 

gi'ess 539 

Apr.  19.     To  Col.  Sam'l  Chase,  about  renting  farms  of  absen- 
tees   539 

Apr.  19.     Relating  to  raising  men  for  western  frontiers 540 

Apr.  19.     To  Moses  Dow,  Esq.,  Commissary  of  Purchase... .  540 

Apr.  19.     To  Lt.  Jona.  Ring,  order  about  rations 541 


XXll  GENERAL   CONTENTS. 

Pages 

To  Col.   Charles  Johnston,  relating  to  troops  for 

western  frontiers 541 

To  Gen.  Benj.  Bellows 542 

To  Matt.  Patten  and  Thomas  Sparhawk,  Judges  of 

Probate 542 

To  Jedediah  Jewett,  sundry  directions 543 

Orders  to  Captain  Ebenezer  Bearing 543 

Orders  to  Lt.  Col.  Dearborn  and  Jedediah  Jewett, 

relating  to  payment  of  soldiers 544 

Orders  to  Francis  Blood,  Esq.,  to  make  returns  of 

provisions,  &c 544 

Order  to  Col.  Joshua  Wentworth  to  muster  sol- 
diers   545 

Orders   to  Capt.  E.  Giddinge,  F.  Blood,  and  Col. 

Samuel  Hunt,  about  forwarding  beef  cattle. . .     545,  546 
To  Gov.  Jona.  Trumbull,  relating  to  a  counterfeiter  547 

Orders  to  Lt.  Joshua  Merrow,  relating  to  the  same    547,  548 
Order  to  Capt.  M.  Woodward  to  send  prisoners  to 

Boston 548 

To  Maj.  Gen.  Folsom,  relating  to  travel  money. ..  549 

To  Lt.  Joseph  Huntoon,  relating  to  deserters 549 

Order  to  Francis  Blood,  Esq.,  relating  to  supply  of 

beef. 549 

July     6.     To  Selectmen   of  Portsmouth,  about  a  supply  of 

rum 550 

July  12.     Order  to  Noah  Emery,  Esq.,  about  beef  cattle 551 

July  19.     To  Stephen  Harriman,  relating  to  land  purchased 

by  Gen.  Stark 551 

July  20.     To  Capt.   Ebenezer  Bearing,  relating  to  Beserters 

and  trial  by  Court  Martial 551 

July  20.     To  Francis  Blood,  relating  to  supply  of  beef  cattle  552 

July  27.     Agreement  with  John  Balch  as  post-rider 553 

July  28.     Order  to  Col.  Timothy  Ellis  and  others  to  raise 

scouting  parties 553,  554 

July  28.     To  Col.   Samuel  Hunt,  relating  to  supply  of  the 

^rmy 554 

Aug.    3.     To  Thos.  Bickford,  about  beef  on  hand 555 

Aug.    3.     Memorial  of  soldiers  in  forts  asking  relief 555 

Aug.  10.     Petition  from  Conway,  a  company  of  soldiers   sent    555,  556 
Aug.  10.     To  Col.  Charles  Johnston,  to  forward  soldiers  to 

Coos 557 


I78I. 

Apr. 

19. 

Apr. 

19. 

Apr. 

21. 

Apr. 

27. 

May 

4- 

May 

4- 

May 

5- 

May 

4- 

May 

25. 

May 

25. 

May 

26. 

July 

5. 

July 

5- 

July 

5- 

July 

6. 

GENERAL   CONTENTS.  XXlll 

Pages 
1781. 
Aug.  II.     To  Col.  Timo.  Ellis,  relating  to  troubles  in  border 

towns 557,  558 

Aug.  18.     To  John  Hopkins,  Esq.,  relating  to  a  Dep.  Com.  of 

prisoners  of  war 558 

Aug.  18.     Warrant  to  apprehend  Robert  Young 559 

Sept.  II.     To  Lt.  Col.  Daniel  Runnels, about  marching  orders  559 

Sept.  II.     To  Cols.  Wentworth  and  Evans,  do.  do 560,  561 

Sept.  14.     To  John  White,  Jr.,  to  take  charge  of  rum,  &c 561 

Sept.  26.     Orders  to  Lt.  Col.  Raynolds,  to  march  to  Charles- 
town  No.  4 561 

Sept.  26.     Orders  to  Capt.  Dan'l  Gordon,  relating  to  the  same  561 

Sept.  27.     Orders  to  Col.  Wentworth  and  others,  relating  to 

the  same 562,  563 

Sept.  27-     To  Col.  Samuel  Hunt,  to  furnish  supplies 563 

Sept.  27.     To  Francis  Blood,  Esq.,  do.  do 564,  565 

Sept.  27.     Orders  to  Lt.  Col.  Raynolds,  about  supplies. 565 

Sept.  28.     To  Gen.  Bellows,  do.  do 565 

Sept.  28.     To  Col.  Charles  Johnston,  do.  do 566,  567 

Sept.  29.     To  Maj.  Gen.  Heath,  relating  to  troubles  in  border 

towns 567,  568 

Oct.     6.     To  Francis  Blood,  Esq., 

Oct.     6.     To  Col.  Samuel  Hunt, 

Oct.     6.     To   William   Page, — all    relating   to   supplies   for 

Charlestown 568-570 

Oct.  13.     To  Col.  David  Page  and  Jos.  Whipple,  to  discharge 

men 571 

Oct.  25.     To   Capt.   Moses  Woodward,  about   prisoners   of 

war 571,  572 

Warrants  to  apprehend  horse  thieves 572,  573 

Letter  from  Hon.  Matthew  Thornton 573,  574 

Letter  to  President  Hanson  about  delegates  in  Con- 
gress    575 

• 

To  Israel  Morey,  to  deliver  records,  &c 575 

Our  troops  at  Saratoga  in  want  of  rum,  &c 576 

A  guard  to  be  placed  at  the  Great  Island 577 

Letter  to  Hon.  S.  Livermore,  in  Congress,  relative 

to  settling  accounts,  &.c 577 

Inquiry  to  be  made  about  supply  of  provisions S7^ 

Letter  to  Hon.  S.  Livermore,  about  currency  and 

taxes 57S-581 


Nov. 

2. 

Dec. 

29. 

Dec. 

10. 

1782. 

Jan. 

18. 

Jan. 

26. 

Feb. 

2. 

Feb. 

4- 

Feb. 

6. 

Feb. 

23- 

XXIV  GENERAL   CONTENTS. 

Pages 
1782. 

Mar.    I .     A  suspected  person  at  Londonderry 581 

Mar.  20,  26.     Lands  of  absentees  to  be  rented 581,  582 

Apr.    6.  Recruits  at  Charlestown  and  Amherst  to  be  sup- 
plied, &c 582,  583 

Apr.    4.     Warrant  to  apprehend  CoL  Jona.  Greeley 583 

Apr.    5.     Muster  masters  appointed 584 

Apr.  12.     Jonathan  Greeley  put  under  bonds 584,  585 

Apr.  20.     Provision  for  recruits  in  the  army 586,  587 

Apr.  27.     Settlement  of  Pay  Roll 586 

May    4.     Payment  for  excise  on  spirituous  liquors 587 

June   8.  Guard  against  an  attempt  to  destroy  a  ship  at  Ports- 
mouth    588 

June  14.     Muster  masters  to  fill  their  quota  of  men 588,  589 

July    6.     A  scouting  party  under  Joseph  Whipple,  Esq 589 

July  12.     Order  to  Capt.  Salter  to  raise  men,  &c 590 

July  19.     Order  to  fill  the  quota  of  men  for  the  army 590,  591 

July  20,     Notice  to  Capt.  John  Jennison  about  beef 591 

July  20.     Order  to  Jedediah  Jewett,  &c 592 

July  30.  Time  extended  to  Gilmanton  to  make  up  deficiency  592 

Aug.    3.     Letter  relating  to  border  troubles 592,  593 

Aug.    3.  Letter  to  Capt.  John  Jennison  about  supply  of  beef 

cattle 594 

Aug.    3.  Letter  to  Doct.  Wm.  Page  about  recognizance. . . .  594 

Aug.  17.     Orders  relating  to  beef  cattle 595 

Aug.  23.     Order  in  behalf  of  Gilmanton,  &c 595 

Aug.  23.  Orders  to  Jedediah  Jewett  relating  to  beef  cattle. .  596 

Aug.  29.  Order  to  Francis  Blood,  relating  to  beef  cattle. . . .  596 

Sept.  13.     The  selectmen  of  Amherst  to  settle  account 597 

Sept.  19.  Extent  against  the  town  of  Cornish  suspended. . . .  597 
Sept.  20.  Richard  Jenness,  Benj.  Butler,  John  White,  to  set- 
tle for  excise 598 

Sept.  26.     Danger  to  Piscataqua  harbor  apprehended 599 

Sept.  26.     About  pasturing  for  cattle 599 

Sept.  27.     Answer  to  Memorial  from  Dartmouth  College 600 

Oct.     4.     Letter  to  John  White  to  settle  for  rum,  &c 600 

Oct.     5.     Order  relating  to  Capt.  John  IMcGray 600 

Oct.  25.     Order  to  Capt.  Ebenezer  Fry 601 

Oct.   19.     Edward  Wade  on  furlough,  &c 601 

Oct.   19.     Order  about  beef  cattle 601 

Nov.  22.  Maj.  Caleb  Robinson  appointed  muster  master. . . .  602 

Nov.  22.  Order  to  Isaac  Williams  about  issue  of  provisions . .  602 


GENERAL    CONTENTS.  XXV 

Pages 
1782. 

Dec.    5.     Jesse  Christy  to  be  taken  into  custody 603 

Dec.    7.     Order  about  beef  cattle 603 

Dec.    7.     Tlie  Board  of  War  to  examine  accounts,  &c 603 

Dec.  13.     Jesse  Christy  allowed  liberty  of  the  yard 604 

Dec.  13.     Recruits  to  be  mustered  and  supplied 604 

1783- 

Jan.     3.     Orders  to  Capt.  Titus  Salter 605 

Jan.   II.     Order  to  Nicholas  Oilman,  Esq.,  Rec.  Gen 605 

Jan.  24.     Letter  to  Joseph  Whipple,  Esq.,  relative  to  tax. . . .  606 
Mar.    6.     Letter  to  Hon.  John  Hancock,  relating  to  dele- 
gates, &c 606 

Mar.    6.     Lands  of  John  Tufton  Mason  not  be  sold 607 

Mar.    7.     Stephen  Gorham,  Esq.,  commissioner  to  settle  ac- 
counts   607 

Mar.  13.     Col.  Samuel  Chase  to  rent  lands  of  absentees 608 

Mar.  2 1 .     Letter  to  Gen.  John  Stark 608 

Apr.    4.     Order  relating  to  Col.  Geo.  Reid 608 

Apr.  10.     Nicholas  Oilman,  Esq.,  deceased 609 

Apr.  25.     Jesse  Christy  discharged  from  gaol 609 

May  16.     Bridge  to  Janvrin's  Island  to  be  sold 610 

May  23.     British  vessels  to  be  entered 610 

June    6.     Settlement  with  N.  H.  troops — Depreciation 610,  611 

July  1 1 .     Order  for  removal  of  barracks,  &c 612 

July  II.     Order  to  enlist  five  effective  men 612 

July  25.     Summons  to  answer  for  removal  of  powder 613 

July  26.     Hon.  John  Langdon  desired  to  go  to  Congress 613 

July  31.     The  town  of  Pembroke  discharged  from  extents, 

&c 613 

Aug.    9.     Order  to  inspect  salt  beef,  &c 914 

Aug.  16.     Order  to  Enoch  Hale,  sheriff,  about  extents 614 

Aug.  29.     Permission  for  Dorothy  Nelson  to  visit  Portsmouth  615 
Aug.  29.     Permission  for  Abigail  Robertson  to  visit  Ports- 
mouth   615 

Oct.  II.     The  town  of  Salem  discharged  from  extents 615 

Nov.  21.     Excise  on  spirituous  liquors  at  public  vendue — Con- 
ditions of  sale — Committee  for,  &c 616-618 

Dec.  25.     Order  to  the  Naval  Officer  respecting  gunpowder. .  618 

1784. 

Jan.     3.     Accounts  for  raising  2d  Regiment  to  be  settled 61S,  619 

Jan.  23.     Order  relative  to  certain  counterfeiters 619 

Mar.  25.     Letter  to  John  Langdon,  relating  to  free  trade. . . .  620 

May  14.     Letter  to  John  Sullivan  about  want  of  money 620 


XXVI  GENERAL    CONTENTS. 

Pages 

Census  of  1773 621-636 

Note  by  the  Editor — Letter  of  Hon.  A.  H.  Cragin 622,  623 

Form  of  order — schedule  for  returns 624 

Returns  from  Rockingham  County 625-627 

Returns  from  Strafford  County 628,  629 

Returns  from  Hillsborough  County 630,  631 

Returns  from  Cheshire  County 632,  633 

Returns  from  Grafton  County 634,  635 

Summary  of  returns  by  counties — total 636 

Census  of  1786 637-689 

Note  by  the  Editor ^yj 

Resolution  and  form  of  order  for  the  census 638 

Returns  by  counties,  in  alphabetical  order  of  towns 639-651 

County  of  Rockingham — Towns 639-65 1 

Summary  of  returns  from  yj  towns  in  Rockingham  County. . .  651 

Notice.  By  a  misprint,  the  total  number  of  inhabitants  in  Rockingham 
county  is  put  down  in  the  summary  at  48,431.  This  is  an  error,  which  readers 
will  please  correct.     The  true  number  is  32,138. — Ed. 

County  of  Strafford — Towns 652-657 

Summary  of  returns  from  eighteen  towns,  13,877 657 

County  of  Hillsborough — Towns 658-670 

Summary  of  returns  from  thirty-five  towns,  25,933 670 

County  of  Cheshire 671-679 

Summary  of  returns  from  twenty-four  towns,  15,160 679 

County  of  Grafton 679-688 

Summary  of  returns  from  twenty-four  towns,  8,344 688 

Summary  of  returns  by  counties 689 

Appendix 691-703 

Note  by  the  Editor 693,  694 

Grant  of  the  Province  of  Laconia 693-696 

The  Squamscott  or  Hilton's  Point  Patent 697-700 

The  Dover  Combination 700,  701 

Letter  from  Thomas  Wiggin  to  Sir  John  Cooke 701-703 


ERRATA. 

Some  errors   of  dates   and  names  have  been  detected  in  Vol.  IX, 
which  readers  will  please  correct  as  follows  : 

Errors  in  Vol.  IX. 

P.  145,  under  the  head  of  Cornish,  the  word  "Hartford"  should  in 
every  case  be  Hertford. 

P.  303.  Gilsum  was  incorporated  July  13,  1763,  instead  of  "July  6." 
It  was  first  called  Boyle,  granted  Dec.  28,  1752,  and  settlement 
probably  begun  as  early  as  1754. 

P.  826.  Campton  was  first  granted  Oct.  9,  1761,  regranted  Jan.  5, 
1767,  settlement  begun  about  1765. 

P.  827.     Haverhill  was  granted  May  18,  1763,  instead  of  "  1764." 

P.  828.  The  description  given  of  "  Marlborough  "  chiefly  belongs  to 
the  town  of  that  name  in  Vermont.  It  should  simply  read,  Monad- 
nock,  No.  5,  was  incorporated  by  the  name  of  Marlborough,  Dec. 
13,  1776. 


JOURlSr^L 


OF  THE  PROCEEDINGS  OF  THE  CONVENTION 


OF  THB 

STATE  or  NEW  HAMPSHIRE. 


WHICH  ADOPTED 


THE  PEDEML  CONSTITUTION. 

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BIOGRAPHICAL  NOTES  BY  THE  EDITOR. 


[The  editor  would  have  been  pleased  to  give  brief  sketches  of  all 
the  delegates  in  the  foregoing  list,  had  the  means  of  doing  it  been  at 
his  command.  The  sketches  that  follow  are  gathered  from  such  sour- 
ces of  information  as  were  accessible,  and  may  be  relied  on  as  essen- 
tially correct.  Many  names  in  this  list  are  also  found  among  the  repre- 
sentatives in  the  convention  to  revise  the  constitution  in  1791-2.  Of  a 
portion  of  these,  with  many  others,  sketches  will  be  appended  to  the 
journal  of  that  convention. — Ed.] 

(i)  John  Langdon,  Esq.,  one  of  New  Hampshire's  most  distinguish- 
ed citizens,  was  born  in  Portsmouth,  1740;  son  of  John  L.  and  grand- 
son of  Tobias  Langdon.  He  was  one  of  the  party  which  siezed  Fort 
William  and  Mary,  at  New  Castle,  1774,  and  carried  away  the  powder 
and  military  stores ;  a  delegate  to  the  continental  congress  in  1775  and 
1776  ;  representative  and  speaker  of  the  house  of  representatives,  N.  H., 
1776  and  1777  ;  he  forwarded  the  expedition,  under  Gen.  Stark,  to  cut  off 
Burgoyne's  march,  1777;  judge  of  the  court  of  common  pleas;  in  1779 
he  was  continental  agent  in  New  Hampshire  for  building  of  public 
ships;  and  again  delegate  to  congress,  in  1783.  In  1784-5,  he  was  a 
member  of  the  N.  H.  senate,  and  in  the  latter  year  was  president  of  the 
state,  and  in  November,  1788,  was  elected  senator  of  the  United  States, 
and  was  the  first  president, /r^  tetn.,  of  that  body  under  the  federal 
constitution.  He  served  in  the  senate  two  terms.  From  1805  to  1808, 
and  again  in  1810  and  1811,  he  was  governor  of  the  state.  Governor 
Langdon  was  eminent  for  his  personal  dignity,  his  patriotism,  his  ca- 
pacity for  offices  of  high  honor  and  trust,  and  for  his  religious  rever- 
ence and  devotion.  He  was  a  member  of  the  first  church  in  Ports- 
mouth. An  excellent  portrait  of  him  is  in  the  council  chamber  of  the 
state.  He  died  Sept.  18,  1819,  aged  78.  (See  Allen's  Biog.  Die,  and 
N.  H.  State  Pap.,  Vols.  VH  and  VHL) 

(2)  Pierce  Long,  Esq.,  first  appears  in  the  provincial  records  as  an 
active  and  influential  member  of  the  4th  provincial  congress,  at  Exe- 
ter, May,  1775,  and  again  in  December  of  that  year.  In  1776  he  had 
command  of  the  forces  to  defend  the  harbor  and  fortresses  of  the  Pis- 
cataqua;  in  November,  1777,  he  marched  his  regiment  to  Ticonderoga. 
He  often  represented  the  town  of  Portsmouth,  and  filled  many  offices, 
military  and  civil,  with  fidelity  and  honor. 


BIOGRAPHICAL    NOTES.  9 

(3)  John  Taylor  Gilman,  Esq.,  of  Exeter,  was  son  of  Nicholas  Gil- 
man,  who  married  Ann  Taylor,  a  daughter  of  Rev.  John  Taylor,  of  Mil- 
ton, Mass.  He  was  born  Dec.  19,  1753.  With  only  the  advantages  of 
a  common  academic  education,  he  rose  to  distinction  in  all  the  public 
offices  of  the  state.  The  morning  after  the  news  of  the  battle  of  Lexing- 
ton, he  marched  as  a  volunteer,  with  a  hundred  others,  to  Cambridge. 
In  1782  he  was  a  member  of  congress  ;  in  1783,  treasurer  of  the  state, 
and  again  in  1791-93.  He  filled  the  office  of  governor  from  1794  to 
1805;  was  again  elected  in  1813,  1814,  and  1815.  His  long  and  use- 
ful services  were  gratefully  acknowledged  by  the  legislature  in  a  farewell 
address.  Politically  he  was  known  as  a  federalist.  He  died  in  Exeter, 
September,  1828,  aged  74. 

(4)  Col.  Daniel  Runnels,  or  Reynolds,  of  Londonderry,  served  as 
captain  in  Col.  Nichols's  regiment  at  the  battle  of  Bennington,  also  as 
captain  in  Col.  Peabody''s  regiment  in  Rhode  Island  in  1778.  He  was 
representative  from  Londonderry,  and  an  able  and  distinguished  citizen. 

(5)  Rev.  Samuel  Langdon,  d.  d.,  of  Hampton  Falls,  was  first  set- 
tled in  the  North  Church  at  Portsmouth  twenty-seven  years  ;  then  presi- 
dent of  Harvard  college  from  1774  to  1780.  Eminent  for  learning,  pa- 
triotism, and  piety,  he  deceased  Nov.  29,  1797,  aged  75. 

(6)  Hon.  JosiAH  Bartlett,  Esq.,  takes  rank  with  the  most  eminent  of 
New  Hampshire's  sons.  He  was  born  in  Amesbury,  Mass.,  in  1729, — 
son  of  Stephen  Bartlett.  In  his  profession  of  medicine  he  acquired 
distinction,  but  was  called  from  a  successful  practice  to  fill  offices  of 
trust  and  honor  in  the  state  and  in  the  national  congress.  He  was  one 
of  the  signers  of  the  Declaration  of  Independence,  July,  1776;  chief 
justice  of  the  court  of  common  pleas  (N.  H.),  1779;  justice  of  the  su- 
perior court,  1784, — chief  justice  in  1788.  In  1790  he  was  chosen  by 
the  legislature  president  of  New  Hampshire,  and  in  1791  he  was  elected 
to  the  same  office  by  the  people  ;  and,  under  the  revised  constitution, 
he  was  chosen  governor,  1792.  He  was  the  chief  original  founder  and 
president  of  the  New  Hampshire  Medical  Society,  1791.  He  died  sud- 
denly, of  a  paralytic  affection.  May  19,  1795,  aged  65. 

(7)  Thomas  Bartlett,  Esq.,  of  Nottingham,  was  among  the  lead- 
ing patriots  of  Rockingham  county.  Aside  from  offices  of  minor  grade, 
he  was  captain  of  the  5th  company  of  "six  weeks  men"  at  Winter 
Hill  in  1775  ;  lieutenant-colonel  in  Col.  Gilman's  regiment  at  Rhode 
Island  in  1778;  from  May,  1778,  to  January,  1779,  a  member  of  the 
Committee  of  Safety ;  colonel  of  one  of  the  New  Hampshire  regiments 
for  the  defence  of  West  Point  in  1780.  Under  the  law  of  1792,  he  was 
made  brigadier-general  of  the  third  brigade  of  New  Hampshire  militia. 
He  was  representative  to  the  fourth  provincial  congress  at  Exeter,  May, 
1775,  and  one  of  the  committee  to  remove  the  public  records  from 
Portsmouth  to  Exeter  in  June,  1775.  After  the  llev^olution,  he  was 
speaker  of  the  house  of  representatives  and  justice  of  the  court  of  com- 
mon pleas.     He  died  June  30,  1807,  aged  59. 

(8)  Dr.  Ezra  Green,  of  Dover,  was  born  in  Maiden,  Mass. ;  gradu- 
ated at  Harvard  college,  1765  ;  joined  the  army  under  Col.  James  Reed, 
1775  ;  in  June  that  year  was  appointed  surgeon,  and  served  on  land  till 


10  STATE    OF    NEW    HAMPSHIRE. 

April,  1778.  He  was  then  appointed  surgeon  on  board  the  ship  Ranger, 
under  command  of  Capt.  John  Paul  Jones.  Retiring  from  service  in 
1 78 1,  he  settled  at  Dover  as  a  merchant.  He  died  greatly  respected 
July  25,  1847,  aged  loi. 

(9)  His  Excellency  John  Sullivan,  Esq.,  president  of  the  conven- 
tion, was  the  son  of  John  Sullivan,  and  was  born  in  Dover,  in  that  part 
called  Somersworth,  in  174.1.  He  was  a  brother  of  His  Excellency  James 
Sullivan,  of  Massachusetts.  Both  received  their  education  from  their 
father.  John  commenced  the  practice  of  law  at  Durham,  where  he 
continued  his  residence  till  his  death,  and  where  his  remains  are  in- 
terred. He  early  evinced  a  military  spirit,  and  was  one  of  the  brave 
band  that  seized  Fort  William  and  Mary  at  New  Castle,  1774;  was  dele- 
gate to  congress,  1774-75,  and  in  the  latter  year  was  appointed  briga- 
dier-general in  the  army  of  the  Revolution,  and  in  1779,  a  major-general. 
He  was  in  command  at  Winter  Hill,  1775;  in  Canada,  1776;  distin- 
guished in  the  battle  of  Brandywine  and  Germantown,  1777;  com- 
manded the  army  in  Rhode  Island,  1778;  and  was  at  the  head  of  the 
expedition  against  the  Western  Indians  in  1779.  Filling  numer- 
ous offices  in  the  state,  as  agent  to  settle  the  disputed  bounds  of  the 
New  Hampshire  grants,  attorney-general,  etc.,  in  1786  and  1787  he 
was  chosen  president  of  New  Hampshire.  In  1789  he  was  a  presidential 
elector,  and  again  that  year  chosen  president  of  the  state.  He  was  ap- 
pointed judge  of  the  district  court  of  New  Hampshire  by  Washington, 
1789,  which  office  he  held  till  his  death,  Jan.  23,  1795,  at  the  age  of  54. 
See  an  admirable  portrait  of  him  in  council  chamber.  Concord,  painted 
from  a  sketch  by  Col.  Trumbull. 

(10)  Hon.  Joseph  Badger,  Esq.,  son  of  Capt.  Joseph  Badger,  an  early 
settler  in  Gilmanton,  was  born  in  Bradford,  Mass.,  Oct.  23,  1746.  He 
was  a  man  of  great  military  ardor,  and  held  offices  in  the  militia  for 
thirty  years,  passing  from  the  rank  of  captain  to  that  of  brigadier-gen- 
eral. He  was  present  at  the  capture  of  Burgoyne  in  1779.  After  the 
war  he  served  the  town  of  Gilmanton  as  representative,  and  was  a  coun- 
cillor six  years, — 1784,  1790-92,  1795-96.  He  was  one  of  the  founders 
of  Gilmanton  Academy,  gave  the  land  on  which  it  is  located,  and  super- 
intended the  erection  of  the  building.  He  died  Jan.  15,  1809,  aged  62. 
The  late  Governor  William  Badger  was  his  son.    \_Hist.  of  Gilmanton.'\ 

(11)  Mr.  Robert  B.  Wilkins,  of  Henniker,  a  native  of  Amherst,  en- 
tered the  army  at  the  age  of  16,  and  was  in  the  battle  of  Bunker  Hill — 
wounded  ;  in  the  Continental  army,  in  Col.  ScammePs  regiment,  he  was 
promoted  to  a  lieutenancy.  He  served  under  Gen.  Lafayette,  of  whom 
he  was  a  great  admirer.  On  his  visit  to  Concord,  in  June,  1825,  the 
general  met  Lieut.  Wilkins,  and  recognized  him.  Receiving  a  pension 
from  the  government,  he  spent  the  later  years  of  life  with  his  family  in 
Concord,  but  died  in  Boston,  August,  1832,  aged  'j'j . 

(12)  Col.  Ebenezer  Webster,  of  Salisbury,  was  the  father  of  Hon. 
Ezekiel  and  Daniel  Webster.  He  was  born  in  Kingston  in  1740.  Set- 
thng  in  Salisbury,  he  served  in  the  "seven  years  war"  against  the 
French  and  Indians ;  in  the  revolution  was  captain  of  a  company ;  in 
1785-89  was  a  state  senator,  and  also  1790-91.  He  was  a  judge  of  the 
court  of  common  pleas  for   Hillsborough  county  from  1791  to  1806. 


BIOGRAPHICAL    NOTES.  II 

It  does  not  appear  that  he  voted  on  the  adoption  of  the  constitution. 
He  died  in  1806,  aged  67. 

(13)  BEN7AIMIN  West,  Esq.,  of  Charlestown,  was  son  of  Rev.  Thom- 
as West,  and  brother  of  Rev.  Dr.  Samuel  West,  of  Boston.  He  was 
born  April  8,  1746,  graduated  at  Harvard  college,  1768.  He  resided 
in  Charlestown  more  than  forty  years  in  the  practice  of  law,  and  died 
July,  1817,  aged  71.     He  ranked  among  the  first  of  his  profession. 

(14)  Rev.  Aaron  Hall,  of  Keene,  a  native  of  Cheshire,  Ct.,  born 
in  1751,  was  a  graduate  of  Yale  college,  1772,  ordained  Feb.  19,  1778, 
died  August  12,  1814,  after  a  ministry  of  thirty-six  years,  aged  63. 

(15)  Gen.  Benjamin  Bellows,  of  Walpole,  son  of  Col.  Benjamin, 
was  born  October  6,  1740.  He  was  greatly  respected  as  a  citizen,  and 
honored  with  many  public  offices, — as  representative,  senator,  and 
councillor.  He  was  president  of  the  electoral  college  when  George 
Washington  was  elected  president  in  1789,  and  again  in  1797,  when 
John  Adams  was  elected.  In  the  revolution  he  commanded  a  regi- 
ment ;  was  present  at  the  surrender  of  Burgoyne.  He  died  in  Walpole, 
June,  1802,  in  the  62d  year  of  his  age. 

(16)  Gen.  Jonathan  Chase  was  a  leading  citizen  of  Cornish.  In 
1 77 1  he  petitioned  Gov.  John  Wentworth  for  confirmation  of  a  grant 
of  an  island  in  the  Connecticut  river  between  Cornish  and  Windsor. 
In  1776  he  was  allowed  three  barrels  of  powder,  to  be  used  in  defence 
of  the  frontiers.  Having  the  commission  of  colonel,  he  was  also  mus- 
ter-master for  the  pay  of  his  regiment,  1776,  and  in  1778  for  reinforc- 
ing the  northern  army.  In  1781  he  petitioned  for  liberty  to  raise  a 
company  of  sixty  men,  to  be  employed  as  scouts,  for  the  defence  of 
the  western  frontiers.  In  the  disputes  with  Vermont  about  the  New 
Hampshire  grants,  he  v/as  appointed  by  the  town  of  Cornish,  ]March  9, 
1779,  as  their  agent  to  attend  a  convention  in  Dresde9i,  on  the  20th  of 
July;  and  at  an  adjourned  meeting,  Aug.  30th,  the  same  year,  the  vot- 
ers present  unanimously  rejected  the  plan  of  government  for  the  state 
of  New  Hampshire,  which  was  sent  to  them.  He  attended  a  conven- 
tion, on  the  same  matter,  at  Walpole,  Nov.  15,  1780,  and  another  at 
Charlestown,  Feb-  7,  1781. 

(17)  Francis  Worcester,  Esq.,  who  represented  Plymouth,  Rum- 
ney,  and  Alexandria,  as  classed  towns,  was  a  native  of  Hollis.  He  is 
called  "Deacon,"  and  was  settled  in  Plymouth.  In  1776  he  was  coro- 
ner for  Grafton  county;  in  1777,  was  chairman  of  the  town  committee 
of  safety ;  in  1777-79,  representative  to  the  general  assembly,  and  an 
efficient  member,  filling  various  offices  with  ability  and  promptness ;  in 
1780-82,  a  councillor.  He  was  a  member  of  the  constitutional  conven- 
tions in  1778  and  1781,  and  of  the  federal  convention  in  178S. 


[p.  i;.]        STATE  OF  NEW  HAMPSHIRE. 

A  Journal  of  the  proceedings  of  the  Hon^^  Conven- 
tion   ASSEMBLED    AT    THE    CoURT    HoUSE    IN    ExETER, 

ON  Wednesday  the  thirteenth  day  of  February, 
A.  D.  1788,  FOR  the  investigation,  discussion  and 

DECISION    OF    THE    FEDERAL    CONSTITUTION. 

Wednesday,  Feb'".  13,  1788. 
About  fifty  members  being  assembled,  they  proceeded  to 
the  choice  of  a  chairman,  and  the  Honbl  Josiah  Bartlett, 
Esq^'.  was  chosen. 

The  Honb^  Sam^  Livermore,  the  Honb^  John  Taylor  Gil- 
man,  &  Benjamin  West,  Esqr^  were  appointed  a  Committee 
to  receive  the  returns  of  members  elected  ;  they  were  also 
appointed  a  Committee  to  prepare  and  lay  before  the  Con- 
vention such  rules  as  they  shall  judge  necessary  for  regulat- 
ing the  proceedings  in  said  Convention. 

Adjourned  to  10  o'clock  to-morrow  morning. 

Thursday,  Feb^  I4*^  1788. 
The  Convention  met  according  to  adjournment.     About 
one  hundred  members  present : 

Motion  was  made  for  the  choice  of  a  Secretary  for  the 
Convention,  and  the  ballots  being  taken  John  Calfe  Esq^ 
was  chosen  for  that  purpose,  and  sworn  to  the  faithful  dis- 
charge of  the  trust  reposed  in  him. 

[p.  18.]  Motion  was  then  made  for  the  choice  of  a  Presi- 
dent, and  the  ballots  being  taken,  his  Excellency  John  Sul- 
livan, Esq^  was  chosen  President. 

Voted,  that  Mr.  Livermore,  Mr.  Oilman  and  Mr.  West  be 
a  Committee  to  examine  the  returns  of  the  Elections  of  the 
several  members  of  the  Convention  and  report  thereon. 

The  Convention  being  informed  that  there  were  two  per- 
sons returned  as  members  to  said  Convention  from  the  Town 
of  Newington,  and  after  examining  said  returns  and  enquir- 
ing into  the  matter,  agreed  to  postpone  the  determination 
thereof  until  the  afternoon. 

Adjourned  to  3  o'clock  P.  M.  then  to  meet  at  the  Meeting 
House  in  Exeter. 


JOURNAL    OF    CONVENTION.  1 3 

Met  according  to  adjournment. 

The  Committee  appointed  to  prepare  rules  for  regulating 
the  proceedings  in  Convention  reported  the  following,  viz. 

[p.  19.]  i^K  That  as  it  is  essential  to  the  public  interest,  so  it  shall 
be  considered  and  enjoyned  as  the  Incumbent  duty  of  each  member  of 
this  Convention  seasonably  and  punctually  to  attend  in  his  place  and 
not  absent  himself  without  leave. 

2'^.  That  freedom  of  deliberation,  speech  and  debate  in  the  Conven- 
tion be  allowed  to  each  member  thereof;  yet  no  member  shall  by 
speech  or  behaviour  in  Convention  give  just  occasion  of  offence  to 
another. 

3^^.  That  any  member  disposed  to  make  a  motion  or  speak  to  a  mat- 
ter in  debate,  shall  rise  from  his  seat  and  address  the  President ;  but 
on  being  called  to  order  by  the  President,  he  shall  be  silent ;  yet  if 
such  silenced  member  shall  conceive  himself  injured  thereby,  the 
President  shall  take  a  vote  of  the  Convention  thereon,  and  such  mem- 
ber shall  submit  to  their  determination. 

4*^^.  No  member  shall  speak  more  than  twice  to  any  subject  in  debate 
until  each  member  have  an  opportunity  to  offer  his  opinion. 

5**^.  No  motion  from  one  member  shall  be  received  or  debated  unless 
seconded  by  another, 

6'^\  When  a  motion  is  regularly  before  the  Convention,  it  shall  at 
any  time,  at  the  request  of  a  member  be  reduced  to  writing  by  the 
person  making  it. 

[p.  20.]  7^^,  On  the  question  for  adopting  the  federal  Constitution, 
and  on  that  only,  the  yeas  and  nays  may  be  taken  if  desired  by  a 
member, 

8'^^  When  it  shall  appear  that  any  person  returned  is  not  legally 
chosen,  he  shall  be  dismissed, 

9"\  That  in  determining  any  question  the  votes  of  a  majority  of 
the  members  present  shall  be  necessary,  excepting  such  members 
as  may  by  consent  of  the  Convention  be  excused  from  voting,  on  their 
giving  satisfactory  reasons  therefor, 

io*'\  That  a  motion  to  postpone  any  Question  or  to  adjourn  shall 
take  place  of  any  other  motion. 

11*'^,  That  no  vote  be  reconsidered  when  there  is  a  less  number  of 
members  present,  than  there  was  at  passing  the  same :  Which  Report 
was  read  and  considered,  received  and  accepted. 

Resumed  the  consideration  of  the  returns  from  Newing- 
ton,  and  came  to  the  following  vote  : 

[p.  21.]  Voted,  That  in  order  that  the  Convention  may  as- 
certain whether  it  is  the  sense  of  the  Inhabitants  of  New- 
ington  that  Ephraim  Pickering  Esq^'  or  Benjamin  Adams, 
Esq'-',  should  represent  them  in  this  Convention,  That  the 
Selectmen  of  Newington  be  requested  to  notify  a  meeting 
of  the  voters  in  said  Town  on  Monday  next,  to  ballot  for 
such  of  those  two  Gentlemen  as  they  may  think  proper,  and 
make  return  thereof  in  common  form. 


14  STATE    OF    NEW    HAMPSHIRE. 

Motion  was  made  to  proceed  to  the  consideration  of  the 
proposed  federal  Constitution  ;  which  being  read,  it  was 
agreed  to  proceed  to  the  investigation  by  paragraphs. 

Article  i^K 

On  Section  i^*  no  debate. — After  some  debate  on  the 
2^  Section,  agreed  to  adjourn  to  9  o'clock  to-morrow  morn- 
ing. 

Friday,  Feb^  15^  1788. 

The  Convention  met  according  to  adjournment.  Resum- 
ed the  debate  on  the  2'^  Section  in  Article  i'*,  respecting 
biennial  Elections,  and  after  much  debate,  adjourned  to  3 
o'clock  P.  M. 

Met  accordingly, 
[p.  22.]     Proceeded  to  the  consideration  of  the  3^  Section 
of  the  first  Article.     Considered  y^  3^  4^  S^'\  6^  and  7*^ 
Sections. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Saturday,  Feb^  16*^  1788. 

The  Convention  met  according  to  adjournment. 

Proceeded  to  the  consideration  of  the  8^^^  section  of  the 
i^*  Article,  and  after  much  debate  thereon,  adjourned  to  half 
past  2  o'clock,  P.  M. 

Met  according  to  adjournment,  and  resumed  the  consider- 
ation of  the  8^^'  section,  and  debated  largely  thereon. 

Adjourned  to  Monday  next  at  9  o'clock,  A.  M. 

Monday,  Feb^  i8"\  1788. 

The  Convention  met  according  to  adjournment.  Proceed- 
ed to  the  further  consideration  of  the  8^^'  section,  and  after 
much  debate  thereon  agreed  to  adjourn  to  3  o'clock  P.  M. 

Met  accordingly  : — Proceeded  to  the  consideration  of  the 
9*^  Section  : — after  some  debate  thereon  proceeded  to  the 
10*^  section, 
[p.  23.]     Adjourned  to  9  o'clock  to-morrow  morning. 

Tuesday,  Feb''.  I9^^  1788. 

The  Convention  met  according  to  adjournment.  Proceed- 
ed to  the  consideration  of  the  Second  Article,  and  after 
some  debate  on  the  several  sections  and  paragraphs,  pro- 
ceeded to  the  consideration  of  the  third  Article. 

Adjourned  to  3  o'clock,  P.  M. 


JOURNAL    OF    CONVENTION.  1 5 

Met  accordingly: — Resumed  the  consideration  of  the  Third 
Article,  and  after  debating  on  the  first  and  second  Section, 
adjourned  to  9  o'clock  to-morrow  morning. 

Wednesday,  FeR  20*^  1788. 

The  convention  met  according  to  adjournment. 

Resumed  the  consideration  of  the  Second  section  in  the 
third  Article. 

Adjourned  to  3  o'clock,  P.  M.     Met  accordingly. 

Proceeded  to  the  consideration  of  the  fourth,  fifth  and 
sixth  Articles,  and  after  some  debate  respecting  a  Religious 
test,  adjourned  to  9  o'clock  to-morrow  morning. 

[p.  24.]  Thursday,  Feb^'.  2i^\  1788. 

The  Convention  met  according  to  adjournment. — Re- 
sumed the  consideration  of  the  last  paragraph  in  the  Sixth 
Article,  and  after  much  debate  thereon  proceeded  to  the 
consideration  of  the  remainder  of  the  proposed  Constitu- 
tion ; — after  which  motion  was  made  to  proceed  to  general 
observations  on  the  said  Constitution :  but  a  motion  for  ad- 
journment taking  place,  the  general  observations  were  post- 
poned until  the  afternoon. 

Adjourned  to  3  o'clock  P.  M.     Met  accordingly. 
Proceeded  to  general  observations  on  the  Constitution. 
Adjourned  to  9  o'clock  to-morrow  morning. 

Friday,  Feb^'.  22^  1788. 

The  Convention  met  according  to  adjournment.  A  mo- 
tion was  made  &  seconded  that  the  Convention  adjourn  to 
some  future  day ;  but  the  determination  was  postponed  until 
[p.  25.]     some  general  observations  were  made. 

The  question  was  put,  and  it  was  voted  to  adjourn  to 
some  future  day. 

Voted,  That  when  the  Convention  adjourn,  that  it  be  to 
meet  again  at  Concord  on  the  third  Wednesday  in  June 
next. 

Voted,  That  the  Convention  now  adjourn. 


1 6  STATE    OF   NEW   HAMPSHIRE. 


STATE  OF  NEW  HAMPSHIRE. 

Wednesday,  June  I8^^  1788. 

The  Convention  met  according  to  adjournment  at  Con- 
cord in  said  State. 

Several  persons  appeared  and  produced  certificates  of 
their  being  elected  members  of  the  Convention  ; — some  of 
which  were  from  Towns  which  had  before  made  returns  of 
other  persons,  who  had  been  admitted  to  a  seat  in  Conven- 
tion at  Exeter ;  and  after  much  debate  thereon  came  to  the 
following  votes : — 

Voted,  That  it  is  the  opinion  of  this  Convention  that  Mr. 
Allen  returned  by  the  Town  of  Walpole  was  not  legally 
elected  a  member  of  Convention. 

[p.  26.]  Voted,  That  it  is  the  opinion  of  this  Convention, 
that  Mr,  Fowler  returned  by  the  Town  of  Boscawen  was 
not  legally  elected  a  member. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday,  June  I9*^  1788. 

The  Convention  met  according  to  adjournment.  Motion 
was  made  to  appoint  a  Committee  to  consider  of  and  report 
such  amendments  as  they  should  judge  necessary  to  be  pro- 
posed in  alteration  of  the  Constitution  : — which  motion  was 
postponed  for  the  further  discussion  of  the  Constitution  : — 
And  after  some  debate  Adjourned  to  3  o'clock,  P.  M. 

Met  accordingly.  Proceeded  to  a  general  discussion  of 
the  Constitution. 

Adjourned  to  8  o'clock  to-morrow  morning. 

[p.  27.]  Friday,  June  20*^  1788. 

The  Convention  met  according  to  adjournment.  Resum- 
ed the  motion  of  yesterday  for  a  Committee  & 

Voted,  That  Mr.  Langdon,  Mr.  Bartlett,  Mr.  Badger,  Mr. 
Sullivan,  Mr.  Atherton,  Mr.  Dow,  Mr.  Bellows,  Mr.  West, 
Mr.  Livermore,  Mr.  Worster,  Mr.  Parker,  Mr.  Pickering, 
Mr.  Smith,  Mr.  Hooper,  and  Mr.  Barrett,  be  a  committee  to 
consider  of  and  report  such  articles  as  they  shall  think  prop- 
er to  be  proposed  as  amendments  to  the  Federal  Constitu- 
tion, and  lay  the  same  before  this  Convention. 

Adjourned  to  3  o'clock  P.  M.     Met  accordingly.  » 


JOURNAL    OF    CONVENTION.  1/ 

The  Committee  to  consider  of  and  report  such  Articles 
as  they  should  think  proper  to  be  proposed  as  amendments 
to  the  Federal  Constitution  Reported  as  follows  :  (viz.) 

First,  That  it  be  explicitly  declared  that  all  powers  not  expressly  and 
particularly  delegated  by  the  aforesaid  Constitution,  are  reserved  to  the 
several  States  to  be  by  them  exercised. 

[p.  28.]  Secondly,  That  there  shall  be  one  representative  to  every 
thirty  Thousand  persons  according  to  the  census  mentioned  in  the  Con- 
stitution until  the  whole  number  of  Representatives  amounts  to  two 
hundred. 

Thirdly,  That  Congress  do  not  exercise  the  powers  vested  in  them  by 
the  fourth  section  of  the  first  Article,  but  in  cases  when  a  State  shall 
neglect  or  refuse  to  make  the  regulations  therein  mentioned,  or  shall 
make  regulations  subversive  of  the  rights  of  the  people  to  a  free  and 
equal  representation  in  Congress ;  nor  shall  Congress  in  any  case  make 
regulations  contrary  to  a  free  and  equal  Representation. 

Fourthly,  That  Congress  do  not  lay  direct  Taxes  but  when  the 
money  arising  from  the  Impost  excise  and  their  other  resources  are 
insufficient  for  the  public  Exigences  ;  nor  then  until  Congress  shall 
have  first  made  a  requisition  upon  the  States  to  assess,  levy  and  pay 
their  respective  proportions  of  such  requisitions,  agreeably  to  the 
[p.  29.]  Census  fixed  in  the  said  Constitution,  in  such  way  and  man- 
ner as  the  Legislature  of  the  State  shall  think  best ;  and  in  such  case, 
if  any  State  shall  neglect,  then  Congress  may  assess,  and  levy  such 
State's  proportion,  together  with  the  Interest  thereon  at  the  rate  of  six 
pr  Cent,  pr  Annum,  from  the  time  of  payment  prescribed  in  such 
requisition. 

Fifthly,  That  Congress  erect  no  company  of  Merchants  with  exclu-. 
sive  advantages  of  Commerce. 

Sixthly,  That  no  person  shall  be  tried  for  any  crime _  by  which  he 
may  incur  an  infamous  punishment  or  loss  of  life,  until  he  he  first 
indicted  by  a  grand  jury — except  in  such  cases  as  may  arise  in  the 
government  and  regulation  of  the  land  and  naval  forces. 

Seventhly,  All  common  law  cases  between  citizens  of  different  states 
shall  be  commenced  in  the  common  Law  Courts  of  the  respective 
States ;  and  no  appeal  shall  be  allowed  to  the  federal  Court  in  such 
cases  unless  the  sum  or  value  of  the  thing  in  controversy  amount  to 
three  thousand  dollars. 

[p.  30.]  Eighthly,  In  civil  actions  between  citizens  of  difterent  States, 
every  issue  o^f  fact  arising  in  actions  at  common  Law  shall  be  tried  by  a 
Jury,  if  the  parties  or  either  of  them  request  it. 

Ninthly,  Congress  shall  at  no  time  consent  that  any  person  holding 
an  office  of  trust  or  profit  under  the  United  States,  shall  accept  a  tide  of 
nobility,  or  any  other  title  or  office  from  any  King,  Prince,  or  foreign  State. 

Tenthly,  That  no  standing  army  shall  be  kept  up  in  time  of  peace, 
unless  with  the  consent  of  three  fourths  of  the  members  of  each  branch 
of  Congress;  nor  shall  soldiers,  in  time  of  peace,  be  quartered  upon 
private  houses  without  the  consent  of  the  owners. 

Eleventhly,  Congress  shall  make  no  laws  touching  religion  or  to 
infringe  the  rights  of  Conscience. 


i8 


STATE    OF   NEW    HAMPSHIRE. 


Twelfthly,  Congress  shall  never  disarm  any  citizen  unless  such  as  are 
or  have  been  in  actual  rebellion. 

John  Langdon, 
for  the  Committee. 


Signed — 


[p.  31.]  Which  Report  being  read  and  considered  was  re- 
ceived and  accepted. 

Motion  was  then  made  by  Mr.  Atherton,  seconded  by  Mr. 
Parker,  That  this  Convention  ratify  the  proposed  Constitu- 
tion, together  with  the  amendments  ;  but  that  said  Consti- 
tution do  not  operate  in  the  State  of  New  Hampshire 
without  said  amendments. 

After  some  debate,  motion  was  made  by  Mr.  Livermore, 
seconded  by  Mr.  Bartlett  &  others,  to  postpone  the  motion 
made  by  Mr.  Atherton,  to  make  way  for  the  following  mo- 
tion, (viz.)  That  in  case  the  Constitution  be  adopted,  that  the 
amendments  reported  by  the  Committee  be  recommended 
to  Congress — which  motion  of  Mr.  Atherton  being  postpon- 
ed, adjourned  to  9  o'clock  to-morrow  morning. 

Saturday,  June  21^*,  1788. 

The  Convention  met  according  to  adjournment. 

Resumed  the  consideration  of  Mr.  Livermore's  motion : — 
which  being  determined  by  the  Convention  in  the  affirmative, 
[p.  32.]  Motion  was  then  made  by  Mr.  Atherton,  seconded 
by  Mr.  Hooper,  that  the  Convention  adjourn  to  some  future 
day  ;  but  it  was  negatived. 

Motion  was  then  made  by  Mr.  Livermore,  seconded  by 
Mr.  Langdon  and  others.  That  the  main  question  be  now 
put  for  the  adoption  of  the  Constitution ; — and  the  yeas 
and  nays  being  called,  were  as  follows : 

Yeas 
Mr.  Langdon 
Mr.  Pickering 
Mr.  Long 
Mr.  Oilman 
Mr.  Blanchard 
Mr.  Adams 
Mr.  Weeks 
Mr.  Goss 
Mr.  Prescut 
Mr.  Thurston 
Mr.  Toppan 
Mr.  Langdon 
Mr.  Wiggin 
Mr.  Fogg 


Yeas 

Yeas. 

Mr. 

Rogers 

Mr. 

Wilkins 

Mr. 

T.  Bartlett 

Mr. 

,  Morss 

Mr. 

Chadwick 

Mr. 

Gerrish 

Mr. 

Gray 

Mr. 

West 

Mr. 

Glidden 

Mr. 

Shepherd 

Mr. 

Calfe 

Mr. 

Hall 

Mr. 

Bettan 

Mr. 

Whitcomb 

Mr. 

Moody 

Mr. 

Chamberlain 

Mr. 

Green 

Mr. 

Temple 

Mr. 

Sullivan 

Mr. 

Bellows 

Mr. 

Carr 

Mr. 

Chase 

Mr. 

Hale 

Mr. 

Griffin 

Mr. 

Bedee 

Mr. 

Kimball 

Mr. 

Shannon 

Mr. 

Livermore 

JOURNAL   OF    CONVENTION. 


19 


Mr. 

J.  Bartlett 

Mr.  Chesley 

Mr.  Worster 

Mr. 

Stow  Ranney 

Mr.  Hall 

Mr.  Crawford 

Mr.  Dakin 

Mr.  Johnson 

Mr.  Abbott. 

Mr.  Freeman 
Mr.  Payne 
Mr.  Simpson 
Mr.  Patterson 
Mr.  Young 

S7    YEAS. 

Mr.  Weeks. 

[P-  33-] 

A^aj's 

JVays 

A^ays 

Mr. 

Runnels 

Mr.  Hooper 

Mr.  Jon'*  Dow 

Mr. 

McMurphy 

Mr.  Austin 

Mr.  Green 

Mr. 

B.  Clough 

Mr.  Page 

Mr.  Bean 

Mr. 

Sias 

Mr.  Cummings 

Mr.  Gaskill 

Mr. 

J.  Clough 

Mr.  D.  Bixby 

Mr.  Parker 

Mr. 

Smith 

Mr.  Hunt 

Mr.  Harvey 

Mr. 

Emery 

Mr.  Taylor 

Mr.  Thomas 

Mr. 

Fifield 

Mr.  Dole 

Mr.  M.  Stone 

Mr. 

Chase 

Mr.  Page 

Mr.  Remmelee 

Mr. 

Sleeper 

Mr.  Kindrick 

Mr.  Grout 

Mr. 

B.  Stone 

Mr.  Atherton 

Mr.  True 

Mr. 

Dow 

Mr.  Barrett 

Mr.  Penniman 

Mr. 

Steward 

Mr.  T.  Bixby 

Mr.  Tainter 

Mr. 

Palmer 

Mr.  Jones 

Mr.  Winch 

Mr. 

Harper 

Mr.  Cragin 

Mr.  Hutchins 

Mr. 

Bado-er. 

Mr.  Cochran. 

47  Nays. 


STATE  OF  NEW  HAMPSHIRE. 


In  Convention  of  the  Delegates  of  the  People  of  the 
State  of  New  Hampshire,  June  2i^^  1788: — 

The  Convention  having  impartially  discussed  and  fully 
[p.  34.]  considered  the  Constitution  for  the  United  States 
of  America,  reported  to  Congress  by  the  Convention  of 
Delegates  from  the  United  States  of  America,  and  sub- 
mitted to  us  by  a  Resolution  of  the  General  Court  of  said 
State  passed  the  fourteenth  day  of  December  last  past,  and 
acknowledging  with  grateful  hearts  the  Goodness  of  the  Su- 
preme Ruler  of  the  Universe  in  affording  the  People  of  the 
United  States,  in  the  course  of  his  Providence,  an  opportu- 
nity, deliberately  and  peaceably,  without  fraud  or  surprise, 
of  entering  into  an  explicit  and  solemn  compact  with  each 
other,  by  assenting  to  and  ratifying  a  new  Constitution,  in 
order  to  form  a  more  perfect  union,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defence,  pro- 
mote the  general  welfare  and  secure  the  blessings  of  Liber- 
ty to  themselves  and  their  posterity,  Do  in  the  name  and  in 
behalf  of  the  people  of  the  State  of  New  Hampshire,  as- 


20  STATE   OF    NEW    HAMPSHIRE. 

sent  to  and  ratify  the  said  Constitution  for  the  United  States 
of  America  ;  and  as  it  is  the  opinion  of  this  Convention, 
[p.  35.]  that  certain  amendments  and  alterations  in  the  said 
Constitution  would  remove  the  fears  and  quiet  the  appre- 
hensions of  many  of  the  good  people  of  this  State,  and 
more  effectually  guard  against  an  undue  administration  of 
the  federal  Government,  the  Convention  do  therefore  recom- 
mend that  the  following  alterations  and  provisions  be  intro- 
duced into  the  said  Constitution  : 

First,  That  it  be  explicitly  declared  that  all  powers  not 
expressly  and  particularly  delegated  by  the  aforesaid  Consti- 
tution, are  reserved  to  the  several  States  to  be  by  them  ex- 
ercised. 

Secondly,  That  there  shall  be  one  Representative  to  ev- 
ery thirty  Thousand  persons  according  to  the  Census  men- 
tioned in  the  Constitution,  until  the  whole  number  of  Rep- 
resentatives amounts  to  two  hundred. 

Thirdly,  That  Congress  do  not  exercise  the  power  vested 
in  them  by  the  fourth  Section  of  the  first  Article,  but  in 
cases  when  a  State  shall  neglect  or  refuse  to  make  the  reg- 
[p.  36.]  ulations  therein  mentioned,  or  shall  make  regula- 
tions subversive  of  the  rights  of  the  people  to  a  free  and 
equal  representation  in  Congress,  nor  shall  Congress  in  any 
case  make  regulations  contrary  to  a  free  and  equal  repre- 
sentation. 

Fourthly,  That  Congress  do  not  lay  direct  Taxes  but 
when  the  money  arising  from  the  impost  excise  and  their 
other  resources  are  insufificient  for  the  public  exigencies  ; 
nor  then,  until  Congress  shall  have  first  made  a  requisition 
upon  the  States  to  assess.  Levy  and  pay  their  respective 
proportions  of  such  requisition  agreeably  to  the  census  fixed 
in  the  said  Constitution,  in  such  way  and  manner  as  the 
Legislature  of  the  State  shall  think  best ;  and  in  such  case, 
if  any  State  shall  neglect,  then  Congress  may  assess  and 
Levy  such  State's  proportion,  together  with  the  interest 
thereon  at  the  rate  of  six  pr.  cent  pr.  Annum  from  the  time 
of  payment  prescribed  in  such  requisition. 

[p.  37.]     Fifthly,  That  Congress  erect  no  company  of  Mer- 
chants with  exclusive  advantages  of  commerce. 

Sixthly,  That  no  person  shall  be  tried  for  any  crime  by 
which  he  may  incur  an  infamous  punishment  or  loss  of  life, 
until  he  be  first  indicted  by  a  grand  jury — except  in  such 


JOURNAL    OF    CONVENTION.  21 

cases  as  may  arise  in  the  government  and  regulation  of  the 
land  and  naval  forces. 

Secondly,  All  common  law  cases  between  citizens  of  dif- 
ferent States  shall  be  commenced  in  the  Common  Law 
Courts  of  the  respective  States,  and  no  appeal  shall  be  al- 
lowed to  the  federal  Courts  in  such  cases,  unless  the  sum  or 
value  of  the  thing  in  controversy  amount  to  three  hitiidred? 
dollars. 

Eighthly,  In  civil  actions  between  citizens  of  different 
States,  every  issue  of  fact  arising  in  actions  at  common 
Law,  shall  be  tried  by  a  jury  if  the  parties  or  either  of  them 
request  it. 

Ninthly,  Congress  shall  at  no  time  consent  that  any  per- 
son holding  an  office  of  trust  or  profit  under  the  United 
[p.  38.]  States,  shall  accept  a  title  of  nobihty  or  any  other 
title  or  office,  from  any  king,  prince  or  foreign  State. 

Tenthly,  That  no  standing  army  shall  be  kept  up  in  time 
of  peace,  unless  with  the  consent  of  three  fourths  of  the 
members  of  each  branch  of  Congress  ;  nor  shall  soldiers  in 
a  time  of  peace,  be  quartered  upon  private  houses  without 
the  consent  of  the  owners. 

Eleventhly,  Congress  shall  make  no  Laws  touching  re- 
ligion or  to  infringe  the  rights  of  conscience. 

Twelfthly,  Congress  shall  never  disarm  any  citizen,  un- 
less such  as  are  or  have  been  in  actual  rebellion. 

And  the  Convention  do,  in  the  name  and  in  behalf  of  the 
people  of  this  State  enjoin  it  upon  their  Representatives  in 
Congress,  at  all  times,  until  the  alterations  and  provisions 
aforesaid  have  been  considered,  agreeably  to  the  fifth  article 
of  the  said  Constitution,  to  exert  all  their  Influence  and  use 
all  reasonable  and  legal  methods  to  obtain  a  Ratification  of 
the  said  alterations  and  provisions  in  such  manner  as  is  pro- 
vided in  the  said  article. 

[p.  39.]  And  that  the  United  States  in  Congress  Assem- 
bled may  have  due  notice  of  the  assent  and  ratification  of 
the  said  Constitution  by  this  Convention  : — 

It  is  Resolved,  That  the  assent  and  ratification  aforesaid, 
be  engrossed  on  parchment,  together  with  the  recommenda- 
tion and  Injunction  aforesaid,  and  with  this  Resolution  ; 
and  that  John  Sullivan  Esq^*.  President  of  Convention,  and 
John  Langdon,  Esq^  President  of  the  State,  transmit  the 


ZZ  STATE   OF    NEW    HAMPSHIRE. 

same  countersigned  by  the  Secretary  of  Convention  and 
the  Secretary  of  the  State  under  their  hands  and  seals,  to 
the  United  States  in  Congress  assembled.* 

JOHN  CALFE,  Secretary. 

[Dr.  Belknap,  in  his  history  of  New  Hampshire,  says, — "This  was  the 
7iinth  State  in  the  union  which  accepted  the  Constitution ;  and  thus 
the  number  was  completed  which  was  necessary  to  put  in  motion  the 
political  machine." — Ed.] 

*The  adoption  and  ratification  of  the  Constitution,  by  the  Convention  of  the  people  of 
New  Hampshire,  was  the  occasion  of  great  joy  to  all  the  friends  of  the  Union  throughout  the 
country.  It  was  announced  to  Gov.  John  Hancock,  of  Massachusetts,  in  a  letter,  by  Presi- 
dent Sullivan,  as  follows  : 

Concord,  June  21,  1788. 
Sir — I  have  the  honor  to  inform  your  Excellency,  by  favour  of  Mr.  Reed,  who  is  obliging 
enough  to  forward  this  letter,  that  the  Convention  of  this  state  have  this  moment  adopted 
the  New  Constitution — yeas  57,  nays  46  [47].     The  amendments  recommended,  nearly  the 
same  as  in  your  state. 

With  every  sentiment  of  respectful  attachment, 
I  have  the  honor  to  be 

Your  Excellency's 

Most  obedient  servant, 

John  Sullivan. 
[See  Hist,  of  Concord,  p.  302.] 


J"  O  XJ  R  iS"  A.  31, 


OF  THE 


CONVENTION 


WHICH  ASSEMBLED,  IN  CONCORD, 


TO  REVISE  THE  CONSTITUTION^  OF  NEW  HAMPSHIRE, 


1791-1792, 


24 


STATE    OF    NEW    HAMPSHIRE. 


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Daniel  Humphreys,  Esq"". 
Doct^  Sam^  Tenney 
James  MacGregore,  Esq'". 
Joseph  Blanchard,  Esq^ 
Eph'"  Pickering,  Esq"". 
Mr.  George  Brackett 
Mr.  Nathan  Goss 
Moses  Leavitt,  Esq^ 
Christopher  Toppan,  Esq'. 

brook                                  Nath^  H.  Dodge 
Stratham                                Col.  Jon^.  Robinson 
Kensington                           Jeremiah  Fogg,  Esq"". 
South  Hampton  &  East 

Mr.  Eliphalet  Webster 
Solomon  Wheeler,  Esq''. 

2,  3-] 

Names  of  Towns  and 
places  represented. 

Portsmouth                 <  (2) 

1(3) 
Exeter                             (4) 

Londonderry                  (5) 

Chester                            (6) 

Newington                      (7) 

Greenland 

Rye 

North  Hampton             (8) 
Hampton                         (9) 
Hampton   Falls   &    Sea- 

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JOURNAL   OF    CONVENTION.  25 


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Thomas  Tash,  jun.  Esq'. 
David  Copp,  Esq'. 
Col*^  David  Page 

Mr.  Robert  Parker 
Mr.  David  Alld 
Capt.  Wm.  Barron 
Zechariah  Chandler,  Esq'. 
Mr.  William  Page 
Daniel  Emerson,  Esq'. 
Joshua  Atherton,  Esq'. 

Names  of  Towns  and 
places  represented. 

Lee 

Madbury                        (24) 

Meridith  &  New  Hamp- 

ton                              (25) 
Sandwich                       (26) 
Tamworth 
Moultonboro'  &c.         (27) 

8,9.] 
Barns  tead 
New  Durham,  &c. 
Wakefield  &c.              (28) 
Conway,  Sec.                 (29) 
Nottingham  West 
Litchfield 
Dunstable 

Merrimac                       (30) 
Bedford                         (31) 
Ciofifstown 

Holies                            (32) 
Amherst                       (33) 

JOURNAL    OF    CONVENTION. 


27 


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Mr.  Andrew  French 
Sanford  Kingsbury,  Esq^ 
Moses  Chase,  Esq"". 
Mr.  Uriah  Wilcox 
Capt  John  Duncan 

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Names  of  Towns  and 
places  represented. 

Rindge                           (44) 

Walpole 

Claremont 

Cornish 

Newport  &  Croydon 

Acworth,Lempster  &c  (45) 

Wendall  &  Unity 

Surry,  Gilsom  &  Sullivan 

Stoddard  &  Washington 

Dublin  &  Packersfield 

Marlborough 

Pltz  William 

Plainfield 

Protectworth  &  N.  Gran- 

Holderness,  &c.           (46) 

Plymouth  &  Rumney 
New  Chester,  &c. 

JOURNAL    OF    CONVENTION. 


29 


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BIOGRAPHICAL  SKETCHES  BY  THE  EDITOR. 


(i)  John  Pickering,  Esq.,  was  a  native  of  Newington,  graduated 
at  Harvard  college,  in  1761,  and  having  devoted  some  time  to  theo- 
logical studies,  was  offered  the  rectorship  of  an  Episcopal  church  in 
England.  He  declined,  and  applied  himself  to  the  study  of  the  law, 
in  which  he  became  eminent.  He  was  attorney-general,  1786;  was  a 
leading  member  of  the  convention,  1791-2;  repeatedly  a  member  of 
the  legislature  ;  president  of  the  senate  in  1789,  and  governor  ex  officio 
of  the  state,  on  the  election  of  Gov.  John  Langdon  to  the  senate  of 
the  United  States.  In  1790  he  was  appointed  chief-justice  of  the 
superior  court,  which  office  he  held  five  years.  He  was  afterwards 
district  judge  of  the  United  States.  He  received  the  degree  of  LL.  D. 
from  Harvard  and  Dartmouth  colleges.    He  died  April  1 1 ,  1805,  aged  ^T. 

(2)  Edward  S.  [St.  Loe]  Livermore  was  a  son  of  Hon.  Samuel 
Livermore,  president  of  the  convention ;  was  a  lawyer  by  profession ; 
justice  of  the  superior  court  of  New  Hampshire,  1797  to  1799.  Remov- 
ing to  Massachusetts,  he  was  a  member  of  congress  from  1807  to  1811  ; 
he  received  the  degree  of  LL.  D.  from  Dartmouth  college  in  1800, 
and  died  at  Tewksbury,  Mass.,  September  22,  aged  So. 

(3)  Daniel  Humphreys,  Esq..  was  a  native  of  Connecticut ;  gradua- 
ted at  Yale  college,  1757  ;  came  to  Portsmouth  about  1774,  as  a  lawyer; 
was  employed  by  the  general  assembly  that  year  to  engross  acts,  for 
which  he  received  2/.  os.  6d.;  was  United  States  district-attorney. 
New  Hampshire.     He  died  in  1827. 

(4)  Dr.  Samuel  Tenney  was  born  in  Byfield  parish,  Newbury, 
Mass.  ;  graduated  at  Harvard  college,  1772,  and  commenced  the  study  of 
medicine.  He  was  present  at  the  battle  of  Bunker  Hill,  where  he 
attended  to  the  sick  and  wounded  ;  served  during  the  whole  war ;  was 
attached  to  the  Rhode  Island  line  of  the  army.  At  the  close  of  the 
war  he  retired  from  his  profession  and  settled  in  Exeter,  N.  H.  There 
he  was  judge  of  probate  many  years;  representative  in  congress,  1799 
to  1807  ;  he  was  an  original  member  of  the  N.  H.  Medical  Society,  and 
its  vice-president ;  a  member  of  the  American  Academy  of  Arts  and 
Sciences  ;  an  honorary  member  of  the  Massachusetts  Medical  Society, 
and  corresponding  member  of  the  Massachusetts  Historical  Society. 
As  a  man  of  science  and  learning,  and  a  true  lover  of  his  country,  his 
death  was  much  lamented.      He  died  February  6,  181 6. 


BIOGRAPHICAL   SKETCHES.  3 1 

(5)  James  IMcGregore,  Esq.,  of  Londonderry,  was  a  member  of 
the  4th  provincial  congress,  in  May,  1775  5  ^'^'^^  on  a  committee  to  pre- 
pare a  plan  for  furnishing  troops ;  on  the  committee  for  supply  of  the 
army,  and  for  the  emission  of  money.  He  visited  the  army  at  Aledford 
in  June,  1775,  and  reported  its  condition  to  the  committee  of  supply. 

(6)  Joseph  Blaxchard,  Esq.,  of  Chester,  born  1753,  came  to 
Chester  in  1772.  Though  of  quite  limited  education,  he  was  a  man  of 
strong  native  good  sense  and  sound  judgment.  He  was  represent- 
ative, 17S8-1793;  delegate  to  the  convention  which  adopted  the 
Federal  Constitution,  1788;  senator  and  councillor,  iSoo,  1801.  He 
died  March  7,  1833,  aged  80. 

(7)  Ephraim  Pickering,  Esq.,  of  Newington,  was  appointed  second 
major  in  Colonel  Whipple's  regiment  in  1776;  was  one  of  the  com- 
mittee of  correspondence  the  same  year,  and  was  representative  in 
1780-1782.     He  was  one  of  the  selectmen  of  Newington  in  1775. 

(8)  Moses  Leavitt,  Esq.,  of  North  Hampton,  was  appointed  cap- 
tain in  the  continental  service,  June  13,  1776,  and  authorized  to  raise 
one  hundred  men  to  join  the  army  in  New  York;  was  on  a  committee 
of  officers,  at  Hampton,  in  1777,  to  petition  the  honorable  committee 
of  safety  to  take  measures  for  the  defence  of  the  seacoast ;  again 
appointed,  1778,  to  enlist  soldiers  for  the  continental  army;  was 
appointed  lieutenant-colonel  of  third  regiment  of  New  Hampshire 
militia  in  1781,  and  was  representative  to  the  general  assembly  in 
1782,  1783. 

(9)  Hon.  Christopher  Toppan,  of  Hampton,  was  a  very  useful  and 
distinguished  citizen,  son  of  Dr.  Edmund  Toppan,  and  grandson  of 
Rev.  Christopher  Toppan,  of  Newbury,  Mass.  His  mother  was  a  daughter 
of  Colonel  Joshua  Wingate.  Mr.  Toppan  often  represented  the  town 
in  the  legislature,  was  councillor  in  1786,  1790,  1794.  He  died  Febru- 
ary, 1 819,  aged  84. 

(10)  Hon.  William  Plumer,  of  Epping,  was  one  of  the  most 
intelligent,  active,  and  influential  members  of  the  convention.  He  was 
born  in  Newbury,  Mass.,  June  25,  1759;  in  early  life  was  a  preacher ; 
afterwards  entered  the  law,  and  devoted  a  great  part  of  his  time  to 
civil  affairs,  in  the  service  of  the  people  :  representative  from  Epping^ 
eight  years,  senator,  president  of  the  senate,  speaker  of  the  house  of 
representatives,  senator  in  congress  1802-1807;  for  four  years,  1S12, 
1816-1818,  governor  of  the  state,  and  in  1820,  presidential  elector.  He 
was  one  of  the  original  members  and  first  president  of  the  Ne\y  Hamp- 
shire Historical  Society,  1823,  and  made  a  donation  to  the  society  of  a 
large  and  valuable  collection  of  books,  mostly  public  documents  which 
he  had  collected  and  bound  together.  He  died  December  22,  1850,  at 
the  advanced  age  of  91  years.  (See  Memoir,  &c.,  by  his  son,  William 
Plumer,  Jr.) 

(11)  Gen.  Joseph  Cilley,  was  a  native  of  Nottingham,  son  of 
Captain  Joseph  Cilley,  one  of  the  original  settlers  of  the  town.  Pie 
was  of  the  company  that  siezed  Fort  William  and  Mary  in  1774.  At 
the  commencement  of  the  revolution  he  entered  the  army,  was  major, 
colonel,  and  had  command  of  the  first  N.  H.  regiment.  Pie  was  dis- 
tinguished for  bravery  and  patriotism  during  the  whole  contest ;  was  a 


32  STATE    OF    NEW    HAMPSHIRE. 

member  of  the  Society  of  the  Cincinnati,  major-general  of  the  N.  H. 
militia  1786,  and  as  such  headed  the  troops  that  quelled  the  insurrec- 
tion in  Exeter  that  year,  arresting  the  leader  of  the  rebels  with  his 
own  hand.  Several  times  elected  representative.  He  was  senator  and 
councillor.     He  died,  full  of  honors,  August,  1799,  aged  65. 

(12)  John  McClary,  of  Epsom,  was  a  delegate  to  the  Provincial 
Congress  which  met  May,  1775,  '^  representative  from  Epsom  1776  and 
1778,  a  member  of  the  committee  of  safety,  councillor  from  1780  to 
1784,  senator  from  1784  to  1787,  president  of  the  senate  1785  and  1786, 
and  member  of  the  convention  1791-92.  He  died  June  16,  1801,  aged 
82. 

(13)  Benjamin  Sias,  Esq.,  was  of  Canterbury.  He  marched  to 
Saratoga,  July,  1777,  with  eight  volunteers  from  that  town  and  Loudon  ; 
had  command  of  the  fifth  company  in  Col.  Stickney's  regiment  at  the 
battle  of  Bennington ;  and  of  the  second  company  of  Col.  Nichols's 
regiment  in  Gen.  Whipple's  brigade,  in  Rhode  Island,  1778;  was  at 
Portsmouth  with  a  company  in  1779.  He  was  a  brave  man,  and  ever 
ready  for  action. 

(14)  Hon.  Abiel  Foster,  of  Canterbury,  a  native  of  Andover,  Mass., 
born  August,  1735  '•<  was  a  graduate  of  Harvard  college,  1756;  ordained 
as  minister  of  the  Congregational  church  in  Canterbury,  1761  ;  was  dis- 
missed 1779,  and  became  distinguished  in  civil  life  as  a  magistrate 
and  legislator — representative,  senator  two  years,  and  president  of 
that  body;  elected  to  congress  in  1783,  he  was  a  member  three  years 
under  the  old  confederation;  under  the  constitution  of  1788  he  was  a 
member  ten  years  between  1789  and  1803.  During  life  he  was  eminently 
useful  and  honored.    He  died  in  Canterbur}^,  February,  1806,  aged  71. 

(15)  Hon.  Timothy  Walker  was  the  only  son  of  Rev.  Timothy 
Walker,  the  first  minister  of  Concord;  born  June  27,  1737;  was  a 
graduate  of  Harvard  college,  1756;  studied  theology,  and  was  licensed 
to  preach,  September  11,  1759^  preached  in  various  places  without 
settlement  about  six  years.  Subsequently  he  engaged  for  a  while  in 
mercantile  pursuits, — but,  as  the  revolution  came  on,  he  entered  with 
patriotic  fervor  into  the  service  of  his  country.  He  was  a  member  of 
the  provincial  congress  in  Exeter,  May,  1775  ;  one  of  the  committee  of 
supplies  ;  paymaster  of  N.  H.  troops  at  IBunker  Hill  and  elsewhere  ; 
colonel  of  the  third  N.  H.  regiment.  In  January,  1776,  he  was  one  of 
the  committee  "  to  make  a  draft  of  the  Declaration  of  Independence  of 
the  United  Colonies;"  was  one  of  the  committee  of  safety;  of  the  coun- 
cil from  1776  to  1779;  was  repeatedly  chosen  as  a  delegate  to  the  con- 
tinental congress  (though  probably  did  not  attend)  ;  was  a  member  of 
the  constitutional  conventions  in  1778  and  1781  ;  justice  of  the  court  of 
common  pleas  from  1777  to  1809,  being  chief-justice  the  last  five 
years.  In  1798  Judge  Walker  was  the  candidate  of  the  republican 
party  for  governor,  against  Governor  John  Taylor  Gilman.  Filling  all 
town  and  state  offices  to  which  he  was  called  with  fidelity  and  honor, 
he  died  in  the  mansion  where  he  was  born.  May  5,  1822,  aged  85. 
(See  Bouton's  Hz'sL  Concord,  pp.  579-582,  etc.) 

(16)  Col.  Nathaniel  Head  was  born  in  that  part  of  Chester  which 
is  now  Hooksett  ,•   he  married  a  daughter  of  Timothy  Knox,  of  Pern- 


BIOGRAPHICAL   SKETCHES.  *  33 

broke;  was  at  Winter  Hill  in  1775  and  1776;  ensign  in  Capt.  Sias's 
company  of  Col.  Nichols's  regiment  in  the  expedition  to  Rhode  Island, 
1778,  and  captain  in  Col.  Runnels's  regiment,  1781.  He  was  the  grand- 
father of  Gen.  Natt  Head,  of  Hooksett. 

(17)  Hon.  John  Calfe,  a  native  of  Hampstead,  clerk  of  this  con- 
vention, was  twenty-nine  years  a  justice  of  the  peace,  twenty-five  years 
on  the  bench  of  the  court  of  common  pleas,  and  twenty-five  years  clerk 
of  the  house  of  representatives.  He  was  a  useful  and  good  man.  He 
died  October  30,  1803,  aged  69. 

(18)  Dr.  Nathaniel  Peabody,  Esq.,  of  Atkinson,  was  one  of  the 
distinguished  men  of  his  times.  He  was  born  in  Topsfield,  Mass., 
March  i,  1741,  son  of  Dr.  Jacob  Peabody;  his  mother,  Susanna, 
was  a  daughter  of  Rev.  John  Rogers,  of  Boxford,  a  descendant  of  the 
martyr  of  that  name.  Having  studied  medicine  with  his  father,  he 
settled  in  Atkinson,  and  had  extensive  practice.  By  turns  he  held 
almost  every  office  of  trust  and  honor  in  the  town  and  state — selectman, 
representative,  justice  of  the  peace  and  quorum,  colonel,  adjutant-gen- 
eral of  the  state,  1777-1778;  commissioner  with  Jonathan  Blanchard, 
Esq.,  of  Dunstable,  to  meet  in  convention  at  New  Haven,  Connecticut, 
"to  regulate  the  prices  of  labor,"  December,  1777;  member  of  con- 
gress, 1779-1781  ;  and  major-general  of  the  militia  of  the  state,  1793. 
In  the  latter  part  of  his  life  he  was  much  in  debt,  for  w^hich  he  was  con- 
fined in  Exeter  jail,  where  he  died  June  27,  1823,  aged  82. 

(19)  James  Gibson,  Esq.,  of  Pelham,  ■was  a  member  of  the  fifth 
provincial  congress,  at  Exeter,  in  December,  1775;  representative, 
1776;  one  of  a  committee  to  go  to  Boston  to  obtain  information  in 
order  to  fix  on  a  method  for  raising  an  army;  representative,  1777  ;  on 
committee  for  regulation  of  trade,  justice  of  the  peace,  and  again 
representative  in  1778. 

(20)  John  Waldron,  Esq.,  of  Dover,  w^as  a  representative  in  the 
provincial  assembly  1774,  and  of  the  third  provincial  congress,  at 
Exeter,  April,  1775.  He  was  captain  of  a  company  in  Dover,  that  was 
designated  by  Gen.  Sullivan  to  march  to  Winter  Hill,  in  December, 
1775,  to  take  the  place  of  the  Connecticut  forces  that  refused  to 
remain  there.  In  1776  he  was  colonel  of  a  regiment,  which  was  pro- 
nounced by  Gen.  Sullivan  to  be  "the  first  complete  regiment  on  the 
spot,  and  by  far  the  largest  and  best  that  came  from  either  colony." 
He  was  a  brave  officer.  In  March,  1782,  he  was  representative  from 
Dover  to  the  general  assembly. 

(21)  Hon.  Ebenezer  Thompson  -was  a  native  of  Durham,  and  for 
many  years  one  of  the  most  prominent  of  her  citizens.  He  was  many 
times  representative,  clerk  of  the  house  and  senate,  secretary  of  state 
^775~^7^S->  councillor  1787,  commissioner  to  New  Haven  1777,  a  mem- 
ber of  the  committee  of  safety  1 775-1 781,  justice  of  the  superior  court, 
delegate  to  congress  1783,  &c.     He  died  August,  1S02,  aged  65. 

(22)  Dr.  James  How,  of  Rochester,  was  a  respectable  physician, 
and  sometime  member  of  the  general  court.  He  died  October  13, 
1807,  aged  54. 

3 


34  •  STATE    OF    NEW   HAMPSHIRE. 

(23)  Rev.  William  Hooper,  of  Madbury,  was  a  Baptist  elder, 
formerly  of  Berwick,  Maine.  He  commenced  preaching  in  Madbury 
about  1773,  and  continued  there  several  years. 

(24)  Thomas  Cogswell,  Esq.,  son  of  Nathaniel  Cogswell,  born 
in  Haverhill,  Massachusetts,  August  4,  1746.  At  the  age  of  24  he 
married  Ruth,  daughter  of  Gen.  Joseph  Badger,  of  Gilmanton ;  was 
an  officer  in  the  revolutionary  war,  with  the  rank  of  colonel ;  often 
moderator  and  selectman  in  the  town ;  in  1784  to  1810  chief-justice  of 
the  court  of  common  pleas,  and  was  twice  a  candidate  for  representa- 
tive to  congress.  In  September,  1804,  he  presented  the  Congregational 
church  in  Gilmanton  twenty-live  dollars  for  purchasing  a  sacramental 
service  for  the  use  of  the  church.  He  died  September  3,  1810,  aged  64. 
His  wife  survived  him,  and  died  Oct.  16,  1839,  aged  88.  (See  History 
of  Gihnantoii.) 

(25)  Hon.  Ebenezer  Smith,  son  of  Daniel  Smith,  of  Exeter,  born 
in  1734,  was  a  proprietor  of  the  town  of  Gilmanton,  but  became  an 
early  settler  in  Meredith,  1768,  and  was  as  a  "father  to  the  town  for 
many  years."  He  was  representative,  justice  of  the  peace,  judge  of 
probate,  lieutenant-colonel  of  the  loth  regiment  militia,  and  two  years 
president  of  the  senate.    He  died  at  Meredith,  August  27,  1807,  aged  73. 

(26)  Daniel  Bedee,  Esq.,  was  a  member  of  the  fifth  provincial 
congress,  at  Exeter,  December,  1775  ;  town-clerk  and  justice  of  the 
peace  the  same  year.  He  was  representative  to  the  general  court, 
justice  of  the  quorum,  judge  of  the  court  of  common  pleas,  and  was  a 
useful  and  much  respected  citizen  of  Sandwich. 

(27)  Col.  Nathan  Hoit,  of  Moultonborough,  was  a  brave  officer  in 
the  revolution;  in  1777  he  was  ensign  in  Capt.  Daniel  Livermore's 
company;  in  1781  he  was  lieutenant,  and  gradually  advanced  to  the 
command  of  a  regiment. 

(28)  David  Copp,  Esq.,  of  Wakefield,  was  a  prominent  citizen;  in 
1 77 1  he  was  appointed  by  Gov.  John  Wentworth  one  of  a  committee  to 
lay  out  a  road  from  Wolfeborough  to  Dartmouth  college ;  in  August, 
1775,  he  was  first  major  in  Col.  Joseph  Badger's  regiment  of  militia;  in 
November  the  same  year  he  had  command  of  a  company  for  the 
defence  of  the  Piscataqua  harbor  and  fortresses;  in  November,  1780, 
lieutenant-colonel  of  the  19th  regiment  of  militia;  and  in  1782-1783  he 
represented  the  town  in  the  legislature. 

(29)  Col.  David  Page  was  one  of  the  early  settlers  in  Conway. 
He  went  thither  from  Concord,  about  1765,  and  became  a  leading 
citizen  of  the  town. 

(30)  Capt.  William  Barron,  of  Merrimack,  was  a  member  of  the 
Hillsborough  county  congress,  that  met  in  Amherst,  April,  1775;  was 
captain  of  Company  9,  under  Col.  Isaac  Wyman,  1776,  and  of  Company 
3,  under  Col.  Moses  Nichols,  1780,  for  the  defence  of  West  Point.  He 
was  a  brave  officer  and  prompt  in  duty. 

(31)  Zechariah  Chandler,  Esq.,  born  in  Bedford,  May  28,  1751, 
'died  April  20,  1830,  aged  79.     He  was  grandfather  of  the  Hon.  Zach 


BIOGRAPHICAL    SKETCHES.  35 

Chandler,  of  Detroit,   Michigan,  who  succeeded  Gen.   Lewis  Cass   as 
U.   S.  senator,  and  is  Secretary  of  the  Interior  at  Washington. 

(32)  Daniel  Emerson,  Esq.,  of  Hollis,  was  appointed  a  coroner  for 
Hillsborough  county  in  1776;  captain  of  the  5th  company  in  Colonel 
Mooney's  regiment,  1779,  for  the  expedition  to  Rhode  Island,  and  was 
representative  in  1782  ;  he  was  a  councillor  in  1787,  and  died  October 
4,  1821,  aged  TS. 

(j)^  Hon.  Joshua  Atherton,  born  at  Harvard,  Massachusetts,  June 
20,  1737;  was  a  graduate  of  Harvard  college,  1762;  commenced  the 
practice  of  law  in  Amherst,  1772  ;  was  father  of  Hon.  Charles  H.  Ath- 
erton, and  grandfather  of  Hon.  Charles  G.  Atherton,  both  distinguished 
as  lawyers  and  civilians.  In  the  revolution,  Mr.  Atherton  at  first 
favored  the  loyalists,  and  for  a  time  was  imprisoned  in  Amherst  jail, 
but  subsequently  regained  the  confidence  of  his  fellow-citizens  ;  was 
a  member  of  the  convention  that  adopted  the  federal  constitution  1788, 
state  senator  1793,  and  attorney-general  of  the  state  1793-1801.  He 
died  in  Amherst,  April  3,  1809,  aged  71. 

(34)  Charles  Barrett,  Esq.,  was  a  distinguished  citizen  of  New 
Ipswich,  son  of  Dea.  Thomas  Barrett,  born  in  1740;  a  man  of  inventive 
genius  and  mechanical  skill  and  enterprise,  and  an  early  manufacturer. 
At  the  beginning  of  the  revolution  he  was  suspected  of  tory  principles, 
but  he  regained  the  confidence  of  his  fellow-citizens  ;  was  a  delegate  to 
the  federal  convention  in  1788,  representative  14  years,  a  senator  and 
councillor.     He  died  September  21,  1808,  aged  68. 

(35)  William  Abbott,  Esq.,  born  in  Andover,  Mass.,  Jan.  14,  1748  ; 
settled  in  Wilton  in  1772,  where  he  was  for  many  years  a  prominent 
man  in  town  affairs,  serving  as  selectman,  town-clerk,  and  representa- 
tive ;  he  was  also  a  member  of  the  conventions  of  1788  and  1791-2. 
He  was  a  patron  of  learning,  good  order,  and  religious  institutions, 
and  a  man  of  strict  integrity.  He  died  November  30,  1793,  aged  45, 
leaving  a  wife,  six  sons,  and  three  daughters. 

(36)  Hon.  Jeremiah  Smith  was  one  of  the  most  active  and  influen- 
tial members  of  the  convention.  He  was  a  native  of  Peterborough, 
born  November  29,  1759;  ^^^  ^^'^^  ^^  ^'^^  battle  of  Bennington  at  the 
age  of  18  ;  graduated  at  Rutgers  college  in  New  Jersey,  1780  ;  admitted 
to  the  bar  1786,  and  practised  in  his  native  town  about  ten  years; 
represented  that  town  1788-1790;  a  member  of  congress  1791-1799, 
four  terms.  In  February,  1801,  he  was  appointed  by  President  Adams 
judge  of  the  circuit  court  of  the  United  States  ;  in  1809  he  was  elected 
governor  of  the  state  ;  was  chief-justice  of  the  superior  court  from  May, 
1802,  to  May,  1809,  and  of  the  supreme  judicial  court  from  July,  1813, 
to  June,  1 816.  He  received  the  honorary  degree  of  LL.  D.  both  from 
Harvard  and  Dartmouth  colleges.  He  settled  in  Exeter  about  1797, 
where  he  resided  the  greater  part  of  his  public  life,  useful  and  honored. 
He  died  at  Dover,  September  21,  1842,  aged  83.  (See  Monoir  of,  by 
Rev.  John  H.  Morrison.) 

(37)  Robert  Wallace,  Esq.,  of  Henniker,  was  a  native  of  London- 
derry, judge   of   the  court  of  common  pleas  for  Hillsborough  county 


36  STATE   OF   NEW    HAMPSHIRE. 

from  1S03  to  1813;  councillor  from  1788  to  1789,  and  from  1790  to  1803, 
making  in  all  14  years.     He  died  in  January,  181 5,  aged  66. 

(38)  Major  Benjamin  Pierce,  of  Hillsborough,  born  December  25, 
1757,  in  Chelmsford,  Mass. ;  governor  of  the  state  in  1827,  and  again  in 
1829;  was  the  father  of  Franklin  Pierce,  president  of  the  United  States 
in  1 852-1 856.  He  was  a  soldier  in  the  revolution,  afterwards  inspector- 
general  of  the  Hillsborough  county  militia,  and  brigadier-general ; 
sheriff  of  the  county  1807-1814,  and  1819-1827;  representative  eleven 
years,  and  councillor  six  years.  A  gentleman  of  the  old  school,  and  of 
generous  and  noble  impulses,  he  was  held  in  honor  as  a  citizen.  He 
died  at  his  family  mansion  in  Hillsborough,  April  i,  1839,  in  the  82d 
year  of  his  age. 

(39)  Rev.  Amos  Wood  was  pastor  of  a  Baptist  church  in  Weare  ;  he 
was  ordained  November  19,  1788,  and  died  February  3,  1793. 

(40)  Major  Caleb  Stark  was  the  eldest  son  of  Gen.  John  Stark, 
born  December  3,  1759.  ^^  ^^^  ^^  ^^^  battle  of  Bunker  Hill  in  1775  ; 
continued  in  the  army  through  the  war;  he  had  commission  as  ensign 
in  1776;  was  adjutant  in  Col.  Cilley's  regiment  in  the  battle  of  Behmus 
Heights,  October,  1777.  After  the  revolution  he  resided  in  Boston  as 
an  importing  merchant  some  years,  but  in  1812  he  engaged  in  cotton 
manufacture  in  Suncook,  New  Hampshire.  He  died  in  Oxford,  Ohio, 
August  26,  1838,  but  was  buried  in  Dunbarton. 

(41)  Rev.  Jonathan  Searls  was  born  in  Rowley,  Massachusetts; 
graduated  at  Harvard  college,  1765  ;  was  minister  of  the  Congregational 
church  in  Salisbury,  of  which  Col.  Ebenezer  Webster  was  a  member. 
He  was  ordained  November  17,  1773,  dismissed  November  8,  1791, 
and  died  in  December,  1819,  aged  74. 

(42)  Nath'l  Sartile  Prentice,  of  Alstead,  was  town-clerk  in  1775, 
representative  in  1775  and  1776;  was  captain  of  a  company,  and  justice 
of  the  peace  for  Cheshire  county  in  1776,  and  in  July  of  that  year  was 
one  of  the  committee  of  safety.  When  the  dispute  arose  relating  to 
the  New  Hampshire  grants,  1 776-1 780,  he  took  sides  with  Vermont, 
and  on  Dec.  5,  1781,  a  warrant  was  issued  for  his  arrest,  on  charge  of 
"acting  as  an  officer  of  Vermont"  within  the  bounds  of  New  Hamp- 
shire, and  as  "guilty  of  sundry  acts  inimical  to  this  state."  Accord- 
ingly he  was  arrested,  tried  by  the  committee  of  safety,  and  imprisoned 
in  Exeter  gaol,  1782.  In  March  the  general  assembly  voted  "to  strike 
off  his  name  from  the  list  of  civil  officers  in  the  state."  It  appears  that 
he  regained  the  confidence  of  his  fellow-citizens,  and  was  delegate  to 
the  convention  in  1791-92. 

(43)  Daniel  Newcomb,  Esq.,  of  Keene,  graduated  at  Harvard  col- 
lege 1768;  w^as  town-clerk;  one  of  the  delegates  to  the  convention  in 
Walpole,  November  15,  1780,  relating  to  the  jurisdiction  of  the  New 
Hampshire  grants,  and  again  at  Charlestown  in  January  24,  1781.  In 
1 796-1 798  he  was  chief-justice  of  the  court  of  common  pleas  for  Cheshire 
county.     He  died  181 8. 

(44)  Col.  Daniel  Rand,  of  Rindge,  was  born  in  Shrewsbury,  Massa- 
chusetts, Oct.  15,  1742,  son  of  Solomon  Rand.     In  the  revolution  he 


BIOGRAPHICAL    SKETCHES.  3/ 

was  an  ensign  in  the  Lexington  company,  lieutenant  in  Col.  Isaac 
Wyman's  regiment  in  1776,  and  captain  in  Col.  Moore's  regiment 
in  1777,  and  was  appointed  colonel  of  New  Hampshire  militia  about 
1785.  He  represented  the  town  in  the  legislature  ten  years,  and  seven 
years  was  one  of  the  selectmen  of  the  town ;  a  man  "of  strict  integrity 
and  unimpeachable  character."     He  died  July  3,  181 1,  aged  69. 

(45)  John  Duncan,  Esq.,  was  a  native  of  Londonderry,  and  settled 
in  Antrim  in  1773,  his  family  being  the  seventh  that  settled  there.  He 
was  long  an  eminent  citizen,  being  selectman,  town-clerk,  representa- 
tive, and  senator.  His  cheerfulness,  candor,  and  integrity  won  him 
many  friends.  As  a  magistrate,  he  was  eminently  a  peace-maker;  and 
as  an  elder  of  the  church,  he  labored  to  advance  the  moral  and  religious 
interests  of  the  town.  Sometimes,  but  sparingly,  he  indulged  in  sallies 
of  wit.  A  Mr.  Pickering,  an  eminent  lawyer,  once  said  in  the  house  of 
representatives  that  lawyers  were  the  pillars  of  the  state,  as  without 
their  aid  not  a  single  important  bill  could  be  drafted.  Mr.  Duncan  rose 
and  said,  in  his  Scottish  accent, — ''Mr.  Speaker :  There  are  different 
kinds  of  pallyars :  there  is  a  kind  of  pallyars  that  supports  buildings  ; 
there  is  also  another  kind  of  pallyars  called  eater-pally ars^  that  devour 
men's  substance.  If  the  gentleman  refers  to  the  latter  kind  of  pall- 
yars, I  perfectly  agree  with  him."'  He  closed  his  long  life  in  March, 
1823,  at  the  age  of  89.     {Hist,  of  Antrim.) 

(46)  Hon.  Samuel  Livermore,  Esq.,  president  of  the  convention, 
was  probably  a  descendant  of  John  Livermore,  who  was  in  Water- 
town,  Mass.,  1642.  He  was  born  in  Waltham,  Mass.,  May  14,  1732, 
O.  S;  graduated  at  Princeton,  N.  J.,  1752;  came  to  New  Hampshire 
1757,  and  established  himself  in  Portsmouth ;  for  several  years  was 
judge-advocate  of  the  admiralty  court,  and  in  1769  was  the  king's 
attorney-general  for  New  Hampshire.  About  1765  he  settled  in  Hol- 
derness,  Grafton  county ;  representative  from  that  town ;  attorney- 
general  of  the  state  before  the  revolution,  and  afterward,  1776;  in  1779 
he  was  appointed  commissioner  to  support  and  defend  the  claims  to 
the  New  Hampshire  grants  ;  member  of  congress  1 780-1 782,  and  then 
chief-justice  of  the  state  1 782-1 790,  as  successor  of  Hon.  Meshech 
Weare.  He  was  a  member  of  the  federal  convention  in  1788;  again 
elected  to  congress  1 790-1 793;  United  States  senator  six  years;  he 
received  the  honorary  degree  of  LL.  D.  from  Dartmouth  college 
1792.     He  died  at  Holderness,  May,  1803,  in  the  72d  year  of  his  age. 

(47)  Elisha  Payne,  Esq.,  of  Lebanon,  graduate  of  Dartmouth 
college  in  1784;  died  1808,  aged  45. 


[p.  37.]  A  JOURNAL  OF  THE  Proceedings  of  the  Con- 
vention OF  THE  State  of  New  Hampshire  for  re- 
vising THE  Constitution  of  said  State. 

Wednesday,  Sept^  7*^  1791. 

Upwards  of  eighty  members  met  in  Convention  agreably 
to  precepts  issued  for  that  purpose  :  After  making  choice  of 
the  Hon^^^  Timothy  Walker,  Esq.  as  chairman  and  being 
sworn,  proceeded  to  the  choice  of  a  Secretary  by  ballot,  and 
John  Calfe,  Esq.  was  chosen  and  sworn  for  that  purpose. 

Motion  was  then  made  for  the  choice  of  a  President  and 
the  Hon^'l  Samuel  Livermore,  Esq.  was  chosen. 

Voted,  That  Mr.  Cilley,  Mr.  Thompson,  Mr.  Newcomb, 
Mr.  Walker  &  Mr.  Macgregore  be  a  Committee  to  examine 
the  returns  of  the  several  members  and  report  thereon. 

Voted,  That  Mr.  Plummer,  Mr.  Page,  Mr.  Rogers,  Mr. 
[p.  38.]  Livermore  &  Mr.  Atherton  be  a  Committee  to  re- 
port such  rules  as  they  may  judge  necessary  to  be  observed 
in  regulating  the  proceedings  in  this  Convention. 

Voted  that  the  Rev*^  Mr.  Evans  be  requested  to  attend 
and  officiate  as  Chaplain  (i)  to  this  Convention  during  their 
present  Session. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday,  Sept^*  8"\  1791. 

Met  according  to  adjournment. 

The  Committee  to  examine  the  returns  having  reported  : 
Resolved  that  the  returns  of  members  from  the  Towns  and 
districts  intitled  to  send  delegates  to  this  Convention  be  re- 
ceived and  deemed  sufficient  unless  any  particular  objection 
is  made  thereto. 

With  respect  to  Towns  that  had  chosen  members,  who 
had  not  heretofore  sent  Representatives  to  the  General 
Court,  the  Committee  reported  as  follows  : — That  the  Town 
of  Epsom  is  intitled  by  Constitution  to  send  a  member  to 
Convention. 

(i)  The  Rev.  Israel  Evans  was  at  this  time  minister  of  Concord,  and  pastor  of  the  Congre- 
gational church.  He  was  a  chaplain  in  the  army  during  the  revolution.  From  1777  till  the 
close  of  the  war  he  was  connected  with  the  New  Hampshire  brigade,  at  first  under  the  com- 
mand of  Gen.  Enoch  Poor.  He  was  a  great  admirer  and  friend  of  Gen.  Washington.  It  is 
related  that  in  his  last  sickness,  being  visited  by  Rev.  Dr.  IMcFarland,  his  successor  in  office, 
the  latter  prayed  for  him,  "That  at  life's  close  he  might  sit  down  with  Abraham,  Isaac,  and 
Jacob  in  the  kingdom  of  God."  To  which  Mr.  Evans  audibly  added,  "and  ivith  Washing- 
ton, too."     He  died  in  Concord,  March  9,  1807,  in  the  60th  year  of  his  age. — Ed. 


JOURNAL    OF    CONVENTION.  39 

[p.  39.]  They  have  also  had  satisfactory  evidence  to  them, 
that  Northwood  &  Allenstown  have  a  Constitutional  right 
to  send  a  member,  &  that  Allenstown  was  notified  to  join 
in  the  meeting  at  which  Jonathan  Clark  Esq  was  chosen. 

It  appears  to  your  Committee  from  evidence  satisfactory 
to  them  that  Hinnekar  &  Hillsborough  each  have  a  right 
by  the  Constitution  to  send  members. 

The  Town  of  Litchfield  hath  not  been  classed  with  any 
other  Town  for  representation  since  the  Constitution  was 
adopted  &  therefore  have  not  been  represented  in  the  Gen- 
eral Court,  but  would  have  been  entitled  to  send  a  mem- 
ber had  they  petitioned  the  General  Court  for  the  purpose. 

That  Rochester  has  a  Constitutional  right  to  send  two 
members  to  the  Convention. 

The  foregoing  report  was  accepted,  and  the  Delegates  al- 
lowed a  seat  in  Convention. 

The  Committee  to  report  such  Rules  as  they  judged  nec- 
essary to  be  observed  in  regulating  the  proceedings  in  Con- 
vention reported  the  following  rules. 

[p.  40.]  i^*.  The  President  having  taken  the  Chair  and  a 
Quorum  being  present,  the  Journal  of  the  preceding  day 
shall  be  read,  to  the  end  that  any  mistake  may  be  corrected 
that  shall  have  been  made  in  the  entries. 

2^^.  No  member  shall  speak  to  another  or  otherwise  inter- 
rupt the  business  of  the  Convention  while  the  Journal  is 
reading  or  when  any  member  is  speaking  ;  nor  pass  be- 
tween the  President  and  a  member  speaking, 

3^\  Every  member  when  he  speaks  shall  stand  up  and  ad- 
dress the  President  and  wdien  he  has  finished  shall  sit  down. 

4*K  No  member  shall  speak  more  than  twice  in  any  one 
debate  on  the  same  day  without  leave  of  the  Convention. 

5^^  When  two  members  rise  at  the  same  time,  the  Presi- 
dent shall  name  the  person  to  speak,  but  in  all  cases  the 
person  first  rising  shall  speak  first. 

[p.  41.]  6"\  When  the  President  shall  stand  up  to  put  the 
question,  the  members  shall  sit  down  and  keep  silence. 

7"\  No  motion  shall  be  debated  until  the  same  shall  be 
seconded — and  any  member  may  at  any  time  withdraw  his 
motion. 

8'^  When  a  motion  shall  be  made  and  seconded  it  shall 
if  desired  by  the  President  or  any  member  be  reduced  to 
writing,  delivered  in  at  the  table  and  read  by  the  President 
before  the  same  shall  be  debated. 


40  STATE    OF    NEW    HAMPSHIRE. 

gth  While  a  question  is  before  the  Convention,  no  motion 
shall  be  received,  unless  for  an  amendment,  for  postponing 
the  main  question,  or  to  commit  it,  or  to  adjourn. 

lo^^  The  previous  question  being  moved  and  seconded, 
the  question  from  the  Chair  shall  be,  "  Shall  the  main  ques- 
tion be  now  put .''  "  and  if  the  negative  prevails  the  main 
question  shall  not  then  be  put. 

[p.  42.]      1 1^^  If  a  question  in  debate  contain  several  points, 
any  member  may  have  the  same  divided. 

12^^  Committees  of  less  than  five  shall  be  nominated  by 
the  President,  but  Committees  of  five  or  more  shall  be  cho- 
sen by  ballot. 

13^^  Questions  of  order  shall  be  determined  by  the  Pres- 
ident, but  any  member  may  appeal  to  the  Convention  ;  and 
when  a  member  is  called  to  order,  he  shall  sit  down  until  the 
question  is  determined,  whether  he  is  in  order  or  not,  which 
shall  be  decided  without  debate,  but  the  member  may  explain. 

I4^'\  The  yeas  &  nays  if  called  for  by  any  one  member 
shall  be  entered  on  the  Journal  upon  any  proposition  moved 
to  be  sent  out  to  the  people  as  an  amendment  or  alteration 
to  the  Constitution  ;  and  each  member  present,  and  having 
heard  the  debates  upon  the  particular  question  shall  give 
his  yea  or  nay  except  excused  by  a  vote  of  the  Convention  : 
[p.  43.]  — and  in  the  same  manner  may  the  yeas  and  nays 
be  taken  and  entered  on  the  Journal  upon  all  the  amend- 
ments collectively  agreed  to  by  the  Convention  to  be  sent 
out  to  the  people. 

i5*^\  Every  question  being  put  by  the  President  shall  be 
taken  to  be  in  the  afifirmative  unless  disputed  by  a  member, 
on  which  case,  the  members  shall  be  counted  beginning 
with  those  in  the  affirmative  standing  up,  and  then  those  in 
the  negative  the  same  ;  and  every  member  having  heard 
the  debates  shall  vote  upon  the  question,  except  excused  by 
a  vote  of  the  Convention. 

i6^^  No  person  except  a  member  or  an  of^cer  of  this 
Convention  shall  be  allowed  to  come  within  the  Bar  of  the 
House,  (i)  except  such  public  characters  as  the  President 
may  invite,  for  whom  particular  seats  shall  be  assigned. 

(i)  The  meeting  of  the  convention  was  held  in  the  town-house  in  Concord,  built  in  1790, 
and  designed  at  the  time  partly  for  the  accommodation  of  the  general  court.  It  was  a  one- 
story  building,  on  the  spot  where  the  city  hall  stands,  with  a  door  in  the  middle.  The  inte- 
rior contained  two  rooms, — one  for  the  house  of  representatives,  on  the  north  side,  and  the 
other  for  the  senate,  on  the  south,  with  several  small  committee-rooms  on  the  back  side.  A 
stairway  led  to  a  small  gallery  for  spectators.  In  this  building  the  general  court  held  its 
sessions  till  the  completion  of  the  state  house  in  i8ig.  See  Boutan's  Hist,  of  Concord,  pp. 
304-307.— Eu. 


JOURNAL    OF    CONVENTION. 


41 


Which  Report  was  read  and  considered,  received  and  ac- 
cepted. 

Read  the  Bill  of  Rights  &  Constitution  of  the  State. 

[p.  44.]     Adjourned  to  3  o'clock,  P.  M. 
Met  accordingly. 

Voted  That  the  Constitution  be  read  by  sections  or  arti- 
cles, in  order  that  any  member  may  offer  his  sentiments  rel- 
ative to  any  defects  therein  and  propose  such  alterations  as 
he  may  think  necessary.  The  i^*,  2'\  3*^\  4*^  &  5*^^  articles 
in  the  Bill  of  rights  were  read  and  no  debate  ensued. 

The  6"^  article  was  read  &  largely  debated  and  some  al- 
terations proposed,  but  no  vote  obtained  in  favour  of  the 
alterations. 

A  motion  was  made  to  erase  the  6*^^  article  in  order  to 
substitute  another  in  its  stead  ;  on  which  motion  the  yeas 
&  nays  were  called  and  are  as  follows,  viz. 


Veas. 

Veas. 

Mr.  Humphreys 

Mr.  Flanders 

Mr.  Plummer 

Mr.  Whipple 

Mr.  Dow 

Mr.  Rogers 

Mr.  Hoyt 

Mr.  Crawford 

Mr.  Tash 

Mr.  Johnson 

Mr.  Copp 

Mr.  Hutchins 

Mr.  Greelev 

Mr.  White. 

Mr.  Stark  ' 

A^ays. 

ATays. 

[p.  45.]     Mr.  E.  Livermore 

Mr.  Walker 

Mr.  Tinney 

Mr.  Head 

Mr.  ^Macgregore 

Mr.  Emerson 

Mr.  Blanchard 

Mr.  Swain 

Mr.  Pickering 

Mr.  Tilton 

Mr.  Brackett 

Mr.  Calfe 

Mr.  Goss 

Mr.  Peabody 

Mr.  Leavitt 

Mr.  Davidson 

Mr.  Toppan 

Mr.  Gibson 

Mr.  Dodge 

Mr.  Waldron 

Mr.  Robinson 

Mr.  Thompson 

Mr.  Fogg 

Mr.  Rawlings 

Mr.  Webster 

Mr.  Palmer 

Mr.  Wheeler 

Mr.  How 

Mr.  Stow  Ranney 

Mr.  Waldron 

Mr.  Rogers 

Mr.  Harper 

Mr.  Ciliey 

Mr.  Cogswell 

Mr.  March 

Mr.  Clough 

Mr.  McCIarev 

Mr.  Hooper 

Mr.  Clark 

Mr.  Smith 

Mr.  Si  as 

Mr.  Bedee 

Mr.  Foster 

Mr.  Hodgdon 

42 


STATE    OF    NEW    HAMPSHIRE. 


Mr.  D.  Page 

Mr.  R.  Parker 

Mr.  AIM 

Mr.  Barron 

Mr.  Chandler 

Mr.  Wm.  Page  (G) 

Mr.  D.  Emerson 

Mr.  Atherton 

Mr.  Barrett 

Mr.  Fisk 

Mr.  P.  Clark 

Mr.  Cragin 

Mr.  J.  Smith 

Mr.  Nicols 

Mr.  Wallace 

Mr.  Pierce 

Mr.  Warren 

Mr.  Wood 

Mr.  Searls 

Mr.  Green 

Mr.  W.  Page  (C) 

Mr.  Prentice 

Mr.  Newcomb 


Mr.  Whitcomb 
Mr.  Gilmore 
Mr.  Alexander 
Mr.  Temple 
Mr.  Jackson 
Mr.  Rand 
Mr.  French 
Mr.  Kingsbury 
Mr.  Chase 
Mr.  Wilcox 
Mr.  Duncan 
Mr.  Holmes 
Mr.  Warden 
Mr.  Tainter 
Mr.  N.  Parker 
Mr.  Kimball 
Mr.  Livermore 
Mr.  Payne 
Mr.  Franklin 
Mr.  Tarlton 
Mr.  Carlton 
Mr.  Cargill. 


15  yeas — 89  Nays.     So  it  was  negatived. 
Adjourned  to  9  o'clock  to-morrow  morning. 

Friday  Sept'".  9"'  1791. 

Met  according  to  adjournment. 

Resolved,  that  the  following  rule  be  observed  in  regulating 
the  proceedings  in  this  Convention. 

[p.  46.]  I7^^  That  it  be  a  rule  in  conducting  business  that 
in  any  stage  of  a  Question  a  motion  to  postpone  the  further 
consideration  of  any  matter  in  debate,  be  considered  as  in 
order,  and  the  main  question  left  open  for  future  discussion. 

The  7*^  8*",  9^^  lo^'^  IIt^  I2t^  13^  14,'^^  15"^  and  16*^^  Ar- 
ticles were  read  and  no  debate  ensued. 

The  17*^  Article  was  read,  and  it  was  resolved  that  the 
following  words  be  inserted,  "in  the  Courts  of  this  State," 
which  words  are  to  follow  next  after  the  words,  "  In  criminal 
prosecutions,"  and  that  the  word  "Assembly"  be  expunged, 
and  the  word  "Legislature"  inserted  in  lieu  thereof. 

The  18*''  Article  was  read  and  no  debate  thereon. 

The  19^^  Article  was  read  and  debated  and  motion  was 
made  to  expunge  all  the  words  in  said  Article,  after  the 
word  "possessions,"  which  motion  was  committed  to  the  con- 


JOURNAL   OF    CONVENTION.  43 

sideration  of  Mr.  Peabody,  Mr.  Foster  and  Mr.  Smith  of  Pe- 
terboro'; — and  that  they  report  thereon, 
[p.  47.]     The  20*^^  Article  was  read  and  objected  to  and  it 
was  voted  to  be  postponed  until  the  Judiciary  System  may 
come  under  consideration. 

The  2i^S  22^  23"\  24^^  25*^  26*^,  27'^  28"^  29"^  &  30^^^  were 
read  and  no  debate  ensued. 

The  31'*  was  read  and  debated,  and  motion  was  made  to 
strike  out  the  whole  of  said  article — the  determination  on 
said  motion  was  voted  to  be  postponed  until  the  Constitution 
comes  under  consideration. 

The  32'^  Article  was  read  and  motion  made  to  postpone 
the  consideration  thereof  until  the  Plan  of  Government  comes 
under  consideration. 

The  33'^  &  34*^'  Articles  were  read  but  not  debated. 

The  35^^  Article  was  read  and  after  some  debate  it  w^as 
voted  to  be  postponed  until  the  Plan  of  Government  comes 
under  consideration. 

The  36^'\  37^^  &  38'"  Articles  were  read  and  no  debate 
thereon. 

Adjourned  to  3  o'clock  P.  M. 

Met  accordingly. 

The  first  paragraph  in  the  Form  of  Government  under 
Part  2'\  was  read  and  not  debated. 

Under  General  Court,  the  first  was  read  and  not  de- 
bated. 

The  second  paragraph  was  read  and  motion  was  made 
[p.  48.]  that  the  word  **June"  be  struck  out  and  the  word 
January  inserted,  which  was  negatived.  Motion  was  then 
made  that  the  word  "June"  may  be  struck  out  and  some 
other  may  be  agreed  on — but  the  motion  was  lost. 

The  3'^  &  4*^  paragraphs  were  read  but  not  debated. 

Under  Senate, 

The  first  paragraph  was  read  and  debated  but  no  altera- 
tion took  place. 

The  second  was  read  and  debated  with  respect  to  the  num- 
ber of  Senators  and  the  proportion  as  it  now  stands  ;  which 
debate  terminated  in  the  following  motion,  "That  that  part 
of  the  Constitution  which  respects  the  number  and  propor- 
tion of  Senators  be  referred  to  a  Committee  of  one  from  each 
County; — which  passed  in  the  affirmative,  and  the  ballots 


44  STATE    OF   NEW    HAMPSHIRE. 

being  taken  for  the  Committee  Mr.  Peabody,  Mr.  Cogswell, 
Mr.  Smith  of  Peterboro',  Mr.  Page  of  Charlestown  &  Mr. 
Freeman  were  chosen  to  take  said  motion  under  considera- 
tion and  report  thereon. 

The  third,  fourth,  fifth  &  sixth  paragraphs  were  read  and 
no  debate  thereon. 

[p.  49.]  The  seventh  paragraph  was  read  and  motion  was 
made  that  the  word  "majority"  be  struck  out,  and  the  word 
plurality  inserted — which  motion  after  debate,  was  voted  to 
be  postponed. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Saturday  Sepf.  io*\  1791. 

Met  according  to  adjournment. 

The  seventh  paragraph  having  again  come  under  consid- 
eration, motion  was  made  that  the  whole  of  the  paragraphs 
under  the  head  of  Senate,  be  referred  to  the  Committee  ap- 
pointed on  the  motion  respecting  the  number  and  proportion 
of  Senators,  and  that  they  report  on  the  whole  under  said 
head. 

Under  the  head, 

"House  of  Representatives," 

The  whole  was  read — Then  proceeded  by  paragraphs.  On 
reading  and  considering  the  first  paragraph  under  said  head, 
motion  was  made  that  the  words  "  One  hundred  &  fifty"  be 
expunged,  and  the  words  "two  hundred"  inserted — which 
motion  was  lost.  Motion  was  then  made  that  the  paragraph 
ascertaining  the  number  and  proportion  of  Representatives 
be  so  altered  as  to  lessen  the  number  of  Representatives ; — 
[p.  50.]  After  some  debate,  the  previous  question  was  called 
for,  and  the  question  was  put  by  the  President,  Shall  the 
main  question  be  now  put.-^  which  passed  in  the  negative: 
after  which  the  yeas  and  nays  were  called  for ;  but  it  being 
doubted  whether  it  were  in  order  to  call  for  the  yeas  &  nays 
after  the  matter  was  decided,  the  President  requested  the 
opinion  of  the  Convention  on  the  point  of  order ;  The  same 
was  determined  by  yeas  and  nays  and  are  as  follows,  (viz.) 

Veas.  Yeas. 

Mr.  E'l  Livermore  Mr.  Goss 

Mr.  Humphrey  Mr.  Robinson 

Mr.  Tinney  Mr.  Fogg 

Mr.  Macgregore  Mr.  Stow  Ranney 


JOURNAL    OF    CONVENTION. 


45 


Mr.  Plummer 

Mr.  Rogers 

Mr.  March 

Mr.  Waldron 

Mr.  Thompson 

Mr.  Chandler 

Mr.  Page  (Goffstown) 

Mr.  Barrett 

Mr.  Fisk 

Mr.  Jere  Smith 

Mr.  Stark 

Nays. 
Mr.  Blanchard 
Mr.  E.  Pickering 
Mr.  Brackett 
Mr.  Leavitt 
Mr.  Dodge 
Mr.  Webster 
Mr.  Wheeler 
Mr.  Cilley 
Mr.  McClarey 
Mr.  Clark 
Mr.  Sias 
Mr.  Foster 
Mr.  E.  Wood 
Mr.  Walker 
Mr.  Head 
Mr.  N.  Emerson 
Mr.  Swain 
Mr.  Tilton 
Mr.  Calfe 
Mr.  Peabody 
Mr.  Dow 
Mr.  Davidson 
Mr.  Gibson 
[p.  51.]  Mr.  Rawlings 
Mr.  Palmer 
Vlx.  How 
Mr.  Waldron 
Mr.  Harper 
Mr.  Cogswell 
Mr.  Clough 
Mr.  Hooper 
Mr.  E.  Smith 
Mr.  Bedee 
Mr.  Hoit 
Mr.  Hodgdon 
Mr.  Tash 
Mr.  Copp 

29  yeas,  74  nays — so  it 
Adjourned  to  3  o'clock 


Mr.  Green 

Mr.  Page  (Charles*^) 

Mr.  Prentice 

Mr.  Newcomb 

Mr.  Gilmore 

Mr.  Temple 

Mr.  Kingsbury 

Mr.  J.  Duncan 

Mr.  Freeman 

Mr.  Payne 

Mr.  Franklin. 

Nays. 
Mr.  R.  Parker 
Mr.  Alld 
Mr.  Barron 
Mr.  D.  Emerson 
Mr.  Atherton 
Mr.  Abbott 
Mr.  P.  Clark 
Mr.  Cragin 
Mr.  Nichols 
Mr.  Wallace 
Mr.  Pierce 
Mr.  Warren 
Mr.  Greeley 
Mr.  A.  Wood 
Mr.  Searls 
Mr.  Flanders 
Mr.  Whitcomb 
Mr.  Whipple 
Mr.  Alexander 
Mr.  Jackson 
Mr.  Rand 
Mr.  French 
Mr.  Chase 
Mr.  Wilcox 
Mr.  Holmes 
Mr.  Warden 
Mr.  Tainter 
Mr.  N.  Parker 
Mr.  Kimball 
Mr.  S.  Duncan 
Mr.  Rogers 
Mr.  Crawford 
Mr.  Johnson 
Mr.  Hutchens 
Mr.  Tarlton 
Mr.  White 
Mr.  Carlton. 

was  determined  to  be  out  of  order. 
P.  M. 


46  STATE    OF    NEW    HAMPSHIRE. 

Met  accordingly. 

The  first  paragraph  being  again  read,  a  motion  was  made 
to  postpone  the  further  consideration  thereof  until  Monday 
next  at  4  o'clock  P.  M. — passed  in  the  affirmative.  The  sec- 
ond, third  &  fourth  paragraphs  were  read  &  motion  was  made 
to  postpone  the  consideration  thereof  until  Monday  next  at 
4  o'clock  P.  M.  which  passed  in  the  affirmative. 

The  fifth  paragraph  was  read  and  motion  made  that  an 
alteration  be  made  in  this  Article  so  that  the  election  be 
determined  by  poll,  if  required  by  seven  of  the  electors  pres- 
ent:— which  motion  was  lost:  motion  was  then  made  that 
the  words  "Shall  be  of  the  Protestant  religion,"  be  struck 
[p.  52.]  out — to  determine  which  the  yeas  &  nays  were 
called,  and  are  as  follows,  (viz.) 

Veas.  Yeas. 

Mr.  Humphreys  Mr.  Whipple 

Mr.  Tinney  Mr.  Temple 

Mr.  Blanchard  Mr.  Copp 

Mr.  Stow  Ranney  Mr.  Wilcox 

Mr.  Plummer  Mr.  Freeman 

Mr.  Rogers  Mr.  Payne 

Mr.  Foster  Mr.  White 

Mr.  Peabody  Mr.  Carlton 

Mr.  Hoyt  Mr.  Rogers 

Mr.  Thompson  Mr.  P.  Page 

Mr.  Greeley  Mr.  Crawford 

Mr.  Barrett  Mr.  Johnson 

Mr.  Flanders  Mr.  Freeman 

Mr.  Jer«^  Smith  Mr.  Payne 

Mr.  Tash  Mr.  How 

Mr.  Stark  Mr.  Clough 

Mr.  Bedee  Mr.  Bedee  ?  (i) 

Mr.  Page,  (C)  Mr.  Hooper. 

33  yeas — 51  nays — so  it  was  negatived. 

[Note.  The  names  of  the  nays  are  not  entered ;  and  the  yeas,  as 
recorded,  are  35  instead  of  33. — Ed.] 

Adjourned  to  Monday  next  at  10  o'clock,  A.  M. 

[p.  53.]  Monday,  Sept.  12"',  1791. 

Met  according  to  adjournment. 

The  sixth  paragraph  was  read  and  the  following  introduced 
in  its  stead. 

"The  members  of  both  Houses  of  the  Legislature  shall 
be  compensated  for  their  service  out  of  the  public  Treasury 

(i)  This  name  appears  twice. — Ed. 


JOURNAL    OF    CONVENTION.  47 

by  a  Law  made  for  that  purpose.  All  vacancies  may  be  filled 
up  at  any  time  as  occasion  may  require." 

The  7"^  paragraph  was  read  but  not  debated. 

The  8"^  was  read  and  some  debate  ensued  but  no  altera- 
tion made. 

The  9^^  I0*^  &  11*^^  paragraphs  were  read  &  no  debate 
ensued. 

The  12^^  paragraph  was  read  and  motion  made  to  make 
the  following  addition:  "The  House  of  Representatives  shall 
be  the  Judge  of  the  returns,  elections  and  qualifications  of 
its  own  members  as  pointed  out  in  the  Constitution" — which 
passed  in  the  affirmative. 

The  13^^^  paragraph  was  read  and  motion  made  to  strike 
out  the  following  words — "The  Journals  of  the  proceedings 
of  both  Houses  of  the  General  Court  shall  be  printed  and 
published  immediately  after  every  adjournment  or  proroga- 
tion:"— After  some  debate  the  motion  was  referred  to  Mr. 
[p.  54.]  Peabody,  Mr.  Thompson  and  Mr.  Payne,  who  are  to 
report  their  opinion  thereon. 

Motion  was  then  made  that  the  last  clause  of  said  para- 
graph be  expunged,  which  consists  of  the  following  words : 
"And  upon  motion  made  by  any  one  member,  the  yeas  & 
nays  upon  any  question  shall  be  taken  &  entered  in  the 
Journals:"  after  some  debate  the  motion  was  withdrawn. 

Motion  was  then  made  that  said  last  clause  be  altered  to 
read  in  the  following  manner: — "And  upon  motion  made  by 
any  one  member  and  seconded  by  another,  the  yeas  and  nays 
upon  any  question  shall  be  taken  and  entered  in  the  Jour- 
nals"— which  motion  was  determined  in  the  negative  by  yeas 
and  nays,  which  were  as  follows: 

[The  names  are  not  entered. — Ed.] 
[p.  55.]     19  yeas,  62  Nays,  (i) 

Executive  Power. 

Under  the  head  of  President. 

The  first  paragraph  was  read  and  voted  that  the  stile  of 
the  Supreme  Magistrate  be  altered  from  "the  President  of 
the  State  of  New  Hampshire,"  to  "the  Governor  of  the  State 
of  New  Hampshire." 

(i)  Persons  who  are  curious  to  learn  the  names  of  those  who  voted  yea  or  nay,  may  consult 
the  marks  jv  or  «  as  entered  against  the  name  of  each  member  on  u  specified  day,  as  seen  in 
the  list  of  members  on  pp.  2-33. — Ed. 


48  STATE   OF    NEW    HAMPSHIRE. 

The  second  &  third  paragraphs  were  read  and  the  consid- 
eration thereof  postponed  by  vote  until  the  afternoon. 

The  fourth  paragraph  was  read  and  motion  was  made  to 
expunge  said  paragraph,  and  after  some  debate  passed  in  the 
affirmative ; — the  yeas  and  nays  on  the  determination  were 
as  follows,  (viz.) 

[Names  are  not  entered. — Ed.] 
[p.  56.]     65  yeas — 14  Nays. 

Adjourned  to  3  o'clock  P.  M. 

Met  accordingly. 

The  fifth  &  sixth,  seventh  &  eighth  paragraphs  under 
said  head  were  read  and  no  debate  ensued. 

The  ninth  paragraph  was  read  and  motion  was  made  that 
the  following  be  inserted  in  lieu  thereof: — ''that  all  Judicial 
Officers,  the  Attorney  General,  Solicitors,  all  sheriffs,  coro- 
ners, registers  of  probate,  and  all  officers  of  the  Navy  and 
[p.  57.]  general  and  field  officers  of  the  militia,  shall  be  nomi- 
nated by  the  Governor  and  by  and  with  the  advice  and  con- 
sent of  the  Council,  shall  be  appointed  by  him,  and  every 
such  nomination  shall  be  made  at  least  seven  days  prior  to 
such  appointment  and  no  appointment  shall  take  place  unless 
three  of  the  Council  agree  thereto.  The  Captains  &  subal- 
terns in  the  respective  regiments  shall  be  nominated  and 
recommended  by  the  field  Officers  to  the  Governor,  who  is 
to  issue  their  Commissions  immediately  on  receipt  of  such 
recommendation. 

Resumed  the  consideration  of  the  first  paragraph  under 
the  head  of  House  of  Representatives,  [see  marg,  pp.  49-51] 
which  was  postponed  on  Saturday  last  to  this  time,  and  mo- 
tion was  made  in  the  following  words:  "That  there  shall  be 
in  the  Legislature  of  this  State  a  House  of  Representatives 
consisting  of  sixty  persons  who  shall  be  the  second  branch 
of  the  Legislature  and  annually  elected  by  the  people:  That 
such  representation  may  be  as  equal  as  circumstances  will 
admit,  the  General  Court  shall  divide  the  State  into  sixty 
districts  making  such  division  by  the  number  of  rateable 
polls  as  equal  as  may  be  so  as  not  to  divide  towns  &  unincor- 
porated places,  and  timely  to  make  known  to  the  Inhabitants 
[p.  58.]  of  the  State  the  limits  of  each  district;  That  each 
district  shall  be  entitled  to  send  one  representative ;  that  the 
member  of  the  House  of  Representatives  shall  be  annually 
elected  on  the  first  Monday  of   March;    That  every  male 


JOURNAL    OF    CONVENTION.  49 

inhabitant  of  each  town  in  the  District  to  which  he  belongs  of 
twenty  one  years  &  upwards,  paying  for  himself  a  poll  Tax 
shall  have  a  right  at  said  meeting  to  be  duly  warned  &  holden 
annually  forever  on  said  first  Monday  of  March,  to  vote  in 
the  town  wherein  he  dwells  for  the  representative  of  the  dis- 
trict whereof  he  is  a  member,  and  after  the  Inhabitants  of 
the  towns  have  voted  the  meetings  shall  be  adjourned  to  the 
third  Monday  of  March;  That  on  the  second  Monday  of 
March  the  several  Town  clerks  of  each  district  shall  meet 
at  some  convenient  central  place  in  the  district  with  copies 
of  the  record  of  the  proceedings  of  said  town  meetings  to  ex- 
amine and  count  the  votes,  and  if  upon  examination  it  shall 
appear  to  said  Town  clerks  that  any  one  has  a  majority  of 
the  votes,  they  shall  declare  him  chosen  and  a  certificate  of 
his  choice  signed  by  the  major  part  of  said  clerks  shall  be 
[p.  59.]  deemed  sufficient  evidence  of  his  election ;  but  in  case 
no  one  person  has  a  majority  of  votes  the  said  clerks  shall 
return  to  the  several  Towns  in  the  district  the  two  persons 
having  the  highest  number  of  votes,  and  on  the  third  Mon- 
day of  March  the  inhabitants  of  the  said  Towns  shall  elect 
one  of  the  candidates  to  represent  said  district:  The  said 
Town  clerks  of  the  district  shall  meet  again  on  the  fourth 
Monday  of  March  at  the  place  of  their  first  meeting  with  a 
copy  of  the  record  of  the  last  meeting,  and  sort,  count  and 
examine  the  votes  and  declare  who  is  elected  representative 
of  the  district,  and  a  certificate  signed  by  the  major  part  of 
said  clerks  shall  be  the  proper  evidence  of  such  Representa- 
tive's election.* 

[p.  60.]  After  some  debate,  a  division  of  the  motion  was 
called  for  and  the  yeas  and  nays  required  on  the  first  clause 
in  said  motion,  namely — "There  shall  be  in  the  Legislature 
of  this  State,  a  House  of  Representatives  consisting  of  sixty 
persons  who  shall  be  the  second  branch  of  the  Legislature, 
and  annually  elected  by  the  people." 

The  yeas  &  nays  being  taken  were  as  follows,  viz.f 

22  yeas — 73  nays,  so  it  was  negatived, 
[p.  61.]    Motion  was  then  made  to  strike  out  the  words  "one 
hundred  and  fifty,"  in  order  to  insert  a  larger  number:  to  de- 
termine which  the  yeas  and  nays  were  called  and  are  as  fol- 
lows (viz.) 
[p.  62.]     31  yeas — 70  nays.     So  it  was  negatived. 

*  This  motion  was  made  by  William  Plumer. — Marg. 
f  Names  are  not  in  any  case  entered. — Ed. 


50  STATE    OF   NEW    HAMPSHIRE. 

Motion  was  then  made  that  the  words  ''if  four  hundred 
and  fifty  rateable  polls,"  be  erased  and  the  words  "  three  hun- 
dred" be  inserted  instead  thereof:  And  the  words,  "making 
three  hundred  such  polls  the  mean  increasing  number  for 
every  additional  representative,"  be  also  erased : — on  which 
motion  the  yeas  and  nays  were  called  for  and  were  as  follows, 
(viz.) 
[p.  63.]     21  yeas — yj  Nays.     So  it  passed  in  the  negative. 

Adjourned  to  8  o'clock  to-morrow  morning. 

Tuesday,  Sept.  13*^  1791. 

Met  according  to  adjournment. 

The  second,  third  &  fourth  paragraphs  under  the  head  of 
House  of  Representatives  were  resumed,  read  &  considered, 
but  no  alteration  made. 

Proceeded  to  tenth  paragraph  under  the  head  Presi- 
dent. 

The  I0*^  II*^  I2*^  I3*^  I4*^  I5^^  I6^^  &  17^^  paragraphs 
were  read  and  no  debate  ensued. 

[p.  64.]  The  18^^  paragraph  was  read  and  postponed  until 
the  committee  report,  who  were  chosen  to  report  respecting 
senators. 

Under  the  head  "  Council" 

The  first  paragraph  was  read  and  after  some  debate,  voted 
to  postpone  the  whole  under  the  head  Council,  until  it  shall 
be  determined  in  what  manner  the  Senate  shall  be  appointed. 

Under  the  head, 

"Secretary,  Treasurer,  Commissary  GenV  &c. 

the  first  &  second  paragraphs  were  read  &  no  debate  ensued. 

Under  the  head 

"County  Treasurer,"  &c. 

The  paragraph  was  read  and  after  some  debate,  voted.  That 
the  following  be  inserted  instead  thereof:  "The  County  Treas- 
urer and  register  of  Deeds  shall  be  elected  annually  by  the 
Inhabitants  of  the  several  Towns  in  the  several  Counties  in 
this  State  according  to  the  method  now  practised ;  But  the 
Legislature  may  alter  the  present  Laws  &  method  of  collect- 
ing the  votes,  and  before  they  enter  upon  the  business  of 
their  offices,  shall  be  respectively  sworn  faithfully  to  dis- 
[p.  65.]     charge  the  duties  thereof,  and  shall  severally  give 


JOURNAL   OF   CONVENTION.  $1 

bond  with  sufficient  sureties  in  a  Reasonable  sum  for  the 
use  of  the  County  for  the  punctual  performance  of  their  re- 
spective trusts." 

The  committee  chosen  to  report  upon  several  paragraphs 
under  the  head  "  Senate"  reported  in  favour  of  several  amend- 
ments or  alterations,  as  follows : — 

jst  "Xhe  Senate  shall  choose  one  of  their  own  mem- 
bers President  of  the  Senate" — which  was  read  and  consid- 
ered, received  and  accepted. 

2^.  "The  Legislature  shall  divide  the  State  into  twelve  dis- 
tricts having  respect  to  the  proportion  of  public  taxes  as 
nearly  equal  as  may  be  without  dividing  Towns  or  places, 
and  each  district  shall  choose  one." 

Upon  reading  the  2^  paragraph  above  mentioned,  motion 
was  made  to  strike  out  the  word  "twelve,"  and  insert  the 
word  "fifteen,"  which  motion  was  determined  by  yeas  and 
nays  and  were  as  follows : — 
[p.  66.]     1 8  Yeas,  8i  Nays.     So  it  was  negatived. 

Motion  was  then  made  to  strike  out  the  word  "twelve" 
and  insert  the  word  "thirteen,"  which  passed  in  the  affirma- 
tive— and  the  paragraph  thus  amended  was  rec^  &  accepted. 

3*^^  "The  2^  section  under  the  head  of  Senate  to  be  ex- 
punged"— which  passed  in  the  affirmative. 

^th  "Meetings  for  the  choice  of  Senators  to  be  holden  on 
the  i^^  Tuesday  of  March  &  adjourned  to  the  third  Tuesday 
of  the  same  month,"  which  was  read  and  debated,  and  the 
following  voted  to  be  inserted  in  its  stead: — The  Inhabi- 
[p.  6/.]  tants  of  the  several  towns  and  places  in  this  State 
shall  give  in  their  votes  for  Senators  at  their  annual  meet- 
ings in  the  month  of  March. 

5^^  "Meetings  for  the  choice  of  Senators  to  be  holden, 
governed  and  the  proceedings  certified  as  the  Law  directs 
in  other  cases" — which  passed  in  the  affirmative. 

6'^  "The  votes  to  be  returned  to  persons  appointed  by 
the  Legislature  in  each  district  who  are  to  count  them,  and 
in  case  of  no  choice  return  the  two  highest  to  the  several 
towns  and  places  in  such  district ;  one  of  whom  at  the  ad- 
journed meeting  to  be  elected." 

Which  6^^  article  in  the  report  was  divided  and  the  first 
part  thereof  accepted,  namely,  "  The  votes  to  be  returned  to 
persons  appointed  by  the  Legislature  in  each  district  who 
are  to  count  them." 


52  STATE    OF    NEW    HAMPSHIRE. 

Motion  was  then  made  that  the  remainder  of  the  sixth  ar- 
ticle reported,  be  struck  out,  "and  in  case  &c."  and  the  fol- 
lowing words  inserted:  *'And  the  person  having  the  highest 
number  of  votes  in  each  district  shall  be  declared  duly  chosen 
and  the  choice  shall  be  certified  by  the  persons  who  examine 
the  votes." 

To  determine  which  the  yeas  and  nays  were  called,  and 
are  as  follows : — viz. 
[p.  68.]     57  yeas,  41  nays.     So  it  passed  in  the  affirmative. 

7*^\  "  The  qualification  of  a  Senator  as  to  estate  shall  be 
Jive  Jmndred  pounds  I'  which  was  debated  and  motion  made 
that  "  five  hundred  "  be  struck  out,  and  "  two  hundred  "  in- 
serted, which  passed  in  the  affirmative ;  and  the  paragraph 
accepted  with  the  amendment. 

[p.  69.]  8*^  "  Vacancies  shall  be  filled  up  by  the  district  in 
which  the  same  may  happen  in  the  same  manner :  the  gov- 
ernor appointing  the  time  of  holding  the  meetings  : "  which 
was  read  and  considered,  rec^^  &  accepted. 

gth  a  When  the  Senate  sit  on  the  trial  of  impeachments, 
they  may  adjourn  themselves  to  any  time  and  place,  though 
the  Legislature  be  not  then  &  there  assembled:" — which 
was  read  and  consider'd  received  and  accepted. 

Adjourned  to  3  o'clock,  P.  M.     Met  accordingly. 
Under  the  head,  "Judiciary  Power," 
The  whole  was  read  and  no  debate  ensued. 

Under  the  head,  "Clerks  of  Courts," 
The  paragraph  was  read  and  no  debate  thereon. 

Under  the  head,  "  Delegates  to  Congress," 
The  whole  was  read,  and  voted  that  it  be  expunged. 

Under  the  head,  "Encouragement  of  Literature," 
The  Paragraph  was  read  but  not  debated. 

Under  the  head,  "Oaths  &  Subscriptions,"  &c. 

the  first  paragraph  was  read  containing  form  of  Oaths  &c. 
motion  was  made,  the  form  of  Oath  called  the  Oath  of 
[p.  70.]  allegiance  be  struck  out  in  order  to  introduce  some 
other  form  instead  thereof : — which  passed  in  the  affirma- 
tive: — where  upon  Voted  that  the  following  form  be  in- 
serted : 


JOURNAL   OF   CONVENTION.  53 

**I,  A.  B;  do  solemnly  swear  that  I  will  bear  faith  and 
true  allegiance  to  the  State  of  New  Hampshire,  and  will 
support  the  Constitution  thereof. 

So  help  7ne  God!* 

Voted  that  the  following  proviso  be  inserted,  namely : 
"  Provided  also,  that  when  any  person  chosen  to  any  of  the 
offices  aforesaid  shall  have  already  taken  &  subscribed  this 
Oath  or  affirmation  of  Allegiance  and  the  same  shall  be  on 
record  or  on  file  in  the  Secretary's  office,  it  shall  not  be 
necessary  for  him  to  take  it  again  on  his  being  chosen." 

The  second  and  third  paragraphs  were  read  and  no  de- 
bate thereon. 

The  fourth  paragraph  was  read,  and  it  was  voted  to  strike 
out  the  whole  of  the  paragraph  excepting  the  following 
words  :  "  all  writs  issuing  out  of  the  Clerks  office  in  any  of 
the  Courts  of  Law  shall  be  in  the  name  of  the  State  of 
New  Hampshire." 

[p.  71.]     The  5^^  6^^  7*^  S*^,  9*^  &  lo^^  paragraphs  were 
read  and  not  debated. 

The  eleventh  paragraph  was  read  and  after  some  de- 
bate the  following  alterations  were  voted.  That  the  words 
"  members  of  Congress  or  any  person  holding  an  office 
under  the  United  States  shall  hold  the  office  of  Governor 
or"  —  which  words  are  to  be  inserted  between  the  word 
"  nav^al  officers  "  and  the  words,  "  shall  at  the  same  time " 
&c. 

The  following  motion  was  made,  "That  attorneys  that 
practise  at  the  Bar  be  exempted  from  holding  a  seat  in  the 
Senate  or  House  of  Representatives,"  on  which  motion  the 
yeas  &  nays  were  called  and  are  as  follows : 
[p.  72.]   1 5  yeas — 79  Nays.     So  the  motion  was  lost. 

Motion  was  then  made  that  no  member  of  the  General 
Court  shall  take  fees,  be  of  Council  or  act  as  advocate  in 
any  cause  before  either  branch  of  the  Legislature  ;  and 
upon  due  proof  thereof,  such  member  shall  forfeit  his  seat 
in  the  Legislature  ; — which  passed  in  the  affirmative.* 

The  remaining  paragraphs  were  read  and  no  debate 
thereon. 

Voted,  That  Mr.  Plummer,  Mr.  Smith  &  Mr.  Payne  be  a 
Committee  to  reduce  to  form  the  proposed  amendments  and 
report  thereon. 

*  This  motion  was  made  by  William  Plumer. — Mar^: 


54  STATE   OF   NEW   HAMPSHIRE. 

[p.  73.]  Voted  That  Mr.  Newcomb,  Mr.  Humphreys  and 
Mr.  Atherton  be  a  Committee  to  take  under  consideration 
the  several  paragraphs  under  the  head  "  Council,"  and 
report  thereon. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Wednesday,  Sepf^  14,  1791.  Met  according  to  adjourn- 
ment. 

The  Committee  to  consider  of  that  article  in  the  Consti- 
tution which  directs  that  the  Journals  of  both  Houses  of 
the  General  Court  be  printed  immediately  after  every  ad- 
journment &c.  Reported,  "That  said  article  ought  to  be 
expunged."  Upon  reading  and  considering  said  report,  mo- 
tion was  made  to  accept  the  same — on  which  motion  the 
yeas  and  nays  were  called,  and  are  as  follows  : 
[p.  74.]    37  yeas,  58  Nays.     So  it  was  rejected. 

Voted  That  Mr.  Walker,  Mr.  Peabody  &  Mr.  Cogswell 
be  a  Committee  to  take  under  consideration  and  report  such 
directions  respecting  printing  the  Journals  of  the  proceed- 
ings of  both  Houses  of  the  General  Court  as  they  may 
judge  proper. 

Adjourned  to  3  o'clock  P.  M.     Met  accordingly. 

The  Committee  to  consider  the  19*^^  article  in  the  Bill  of 
rights  [see  marg.  p.  46]  &c.  Reported,  That  after  the  first 
[p.  75.]  period,  it  be  altered  so  as  to  read  thus  (viz.)  "There- 
fore all  warrants  to  search  suspected  places  or  to  arrest  a 
person  for  examination  or  trial  in  prosecution  for  criminal 
matters,  are  contrary  to  this  right "  if  the  cause  &c.  then 
proceed  as  it  now  stands  in  said  19*^  article:  Which  report 
being  read  and  considered,  Voted  that  it  be  received  and 
accepted. 

The  Committee  to  consider  that  part  of  the  Constitution 
which  respects  printing  and  publishing  the  proceedings  of 
both  Houses  of  the  Legislature,  [see  marg.  p.  74]  Reported : 
"That  the  Journal  or  Register  of  said  proceedings  to  be 
published  contain  all  acts  and  Resolves  passed  and  all  votes 
for  raising,  granting  or  appropriating  public  monies  ; — A 
brief  statement  of  facts  with  the  prayers  contained  in  any 
Petition,  by  whom  offered,  &  the  proceedings  thereon ; 
Every  motion  acted  upon  &  by  whom  made  &  seconded  ; 
an  account  of  all  Committees  chosen  with  their  reports  and 
proceedings  thereon  ;  and  the  yeas  &  nays  upon  all  acts  & 
Laws." 


JOURNAL    OF   CONVENTION.  55 

Upon  reading  and  considering  the  foregoing  report,  mo- 
tion was  made  to  divide  the  same  in  the  following  manner : 
[p.  76.]  "That  the  journal  or  Register  of  said  proceeding 
to  be  published  contain  all  Acts  &  Resolves  passed,  and  all 
votes  for  raising,  granting  or  appropriating  public  monies," — 
be  first  put  to  vote :  which  vote  obtained,  and  the  report 
thus  far  received  and  accepted. 

Motion  was  then  made  that  the  remaining  part  of  said 
Report  be  accepted,  namely  "a  brief  statement"  &c.  on 
which  motion  the  yeas  &  nays  were  called  and  are  as  follows  : 

2,8  yeas — 64  nays.     So  it  was  negatived, 
[p.  2y.~\     Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday,  Sept^'  I5*^  1791.  Met  according  to  adjourn- 
ment. 

The  Committee  appointed  to  take  into  consideration  the 
method  of  appointing  the  Council  &c.  [see  marg.  p.  73] 
Reported  : — which  report  after  some  small  alterations  made 
in  Convention  stands  in  the  following  words,  viz. 

"  That  there  be  annually  chosen  by  ballot  by  the  Inhab- 
itants of  this  State  qualified  to  vote  for  Senators,  five  Coun- 
sellors for  advising  the  Governor  in  the  executive  part  of 
the  Government,  one  of  whom  shall  be  voted  for  and  chosen 
in  each  County  by  the  Inhabitants  within  the  same  qualified 
as  aforesaid,  on  the  day  for  the  election  of  Senators  ;  and 
the  number  of  votes  shall  be  returned  in  the  manner  pro- 
vided for  returning  votes  for  the  Governor  to  the  Secretary 
of  the  State,  and  shall  be  sorted  and  counted  by  the  Secretary 
and  the  Treasurer  until  the  Legislature  shall  order  other- 
wise ;  and  the  person  having  the  highest  number  of  votes 
in  each  County  shall  be  considered  as  duly  elected  a  Coun- 
sellor :  Provided  he  be  an  Inhabitant  of  the  County  for 
which  he  is  chosen,  be  of  thirty  years  of  age  and  have  an 
[p.  'j%?[  estate  of  the  value  of  five  hundred  pounds  within 
this  State,  three  hundred  of  which  at  least  shall  be  freehold : 
But  in  case  two  or  more  persons  shall  have  an  equal  number 
of  votes,  the  Secretary  and  Treasurer  or  such  other  persons 
as  the  Legislature  may  appoint,  shall  draw  one  of  them  by 
lot,  who  shall  be  considered  as  duly  chosen,  and  the  Secre- 
tary shall  seventeen  days  before  the  first  Wednesday  in 
June,  give  notice  of  the  choice  to  the  persons  elected.  Pro- 
vided however,  that  if  any  person  thus  chosen  a  Counsellor 
shall  also  be  chosen  a  member  of  either  branch  of  the  Legis- 
lature for  the  same  year  and  shall  accept  the  trust,  his 


56  STATE    OF   NEW    HAMPSHIRE. 

Election  as  a  Counsellor  shall  be  void.  And,  in  such  case, 
as  also  when  any  person  chosen  to  that  office  shall  refuse  to 
accept  the  same  ;  and  in  case  of  the  death  of  any  Counsel- 
lor, the  Governor  shall  issue  a  precept  for  the  Election  of  a 
new  Counsellor  in  that  County,  wherein  such  vacancy  shall 
happen,  which  choice  shall  be  in  the  manner  before  pre- 
[p.  79.]  scribed  :  And  if  any  new  County  shall  be  hereafter 
erected,  a  Counsellor  may  and  shall  be  chosen  therein  in  the 
same  manner. 

"  And  the  Governor  shall  have  full  power  and  authority 
to  convene  the  members  of  the  Council  from  time  to  time 
at  his  discretion  and  with  them  or  the  majority  of  them,  at 
least,  may  and  shall  hold  a  Council  for  ordering  and  direct- 
ins;  the  affairs  of  the  State. 

"  The  resolutions  and  advice  of  the  Council  shall  be  re- 
corded by  the  Secretary  and  signed  by  all  the  members 
present  agreeing  thereto,  and  this  record  may  be  called  for 
at  any  time  by  either  branch  of  the  Legislature,  and  any 
member  of  the  Council  may  enter  his  opinion  contrary  to 
the  resolution  of  the  majority,  with  the  reasons  of  such 
opinion." 

Which  was  read  and  considered,  rec^  &  accepted. 

Resolved,  That  for  the  more  effectually  preserving  the 
proper  separation  of  the  three  great  powers  of  Government 
agreeably  to  the  37^^'  Article  in  the  Bill  of  Rights,  the  power 
of  hearing  and  deciding  in  causes  of  equity  ought  to  be 
vested  either  in  some  Judicial  Court  or  Courts,  or  in  some 
[p.  80.]  Court  or  Courts  to  be  established  and  impowered 
specially  for  that  purpose.  Provided  that  no  power  shall  be 
granted  to  said  Courts  incompatible  with  the  principles  con- 
tained in  the  Bill  of  Rights  and  Constitution  ;  but  the  juris- 
diction &  power  of  said  Courts  ought  to  be  limited  and 
defined  by  express  Laws. 

On  which  Resolve  the  yeas  &  nays  were  called  and  are 
as  follows,  (viz.) 

72  Yeas — 26  Nays.     So  it  passed  in  the  affirmative. 

[p.  81.]     Adjourned  to  3  o'clock  P.  M.     Met  accordingly. 

Resolved  That  there  shall  be  one  Supreme  Judicial  Court 
of  Law  who  shall  have  original  jurisdiction  of  all  causes 
where  the  sum  exceeds  four  pounds,  and  appellate  jurisdic- 
tion in  other  cases  to  be  provided  by  Law. 


JOURNAL   OF   CONVENTION.  5/ 

On  which  Resolve  the  yeas  and  nays  were  called,  and  are 
as  follows : 

6 1  Yeas — 34  Nays.  So  it  passed  in  the  affirmative, 
[p.  82.]  Resolved,  That  the  several  Justices  of  the  Peace 
in  their  respective  Counties  shall  have  jurisdiction  in  all 
causes  where  the  sum  is  under  four  pounds,  except  causes 
where  title  of  Land  is  drawn  in  question  :  On  which  Re- 
solve the  yeas  and  nays  were  called,  and  are  as  follows — viz. 

63  yeas — 35  nays.  So  it  passed  in  the  affirmative.  Mr. 
Foster  requested  to  be  excused  from  giving  his  vote,  offer- 
ing for  a  reason  that  he  was  a  Justice  of  the  Peace,  and 
[p.  83.]  felt  himself  interested  in  the  determination  ;  but 
the  Convention  would  not  excuse  him. 

Resolved,  That  it  shall  be  the  duty  of  the  Legislature  to 
abolish  the  Inferior  Courts  of  Common  Pleas  ;  on  which 
Resolve  the  yeas  and  nays  were  called  and  are  as  follows : 

55  Yeas — 31  Nays.     So  it  passed  in  the  affirmative. 

[p.  84.]  Resolved,  That  it  be  the  duty  of  the  Legislature 
to  abolish  the  Courts  of  General  Sessions  of  the  Peace : 
On  which  Resolve  the  yeas  and  nays  were  called,  and  are  as 
follows,  viz. 

37  yeas — 50  nays.     So  it  passed  in  the  negative. 
Adjourned  to  9  o'clock  to-morrow  morning. 

[p.  85.]  Friday,  Sept''  16"',  1791. 

Met  according  to  adjournment. 

Sundry  matters  were  debated. 

Adjourned  to  3  o'clock  P.  M.     Met  accordingly. 

Voted,  That  Mr.  Peabody,  Mr.  Plummer,  Mr.  Hoit,  Mr. 
Smith  (Meridith)  Mr.  Wallace,  Mr.  Atherton,  Mr.  Page 
(Charlestown)  Mr.  Kingsbury,  Mr.  Payne  &  Mr.  Freeman, 
be  a  committee  to  take  into  consideration  the  Constitution 
and  the  Resolutions  passed  at  this  session,  and  the  several 
motions  for  alterations  that  have  not  been  acted  upon,  and 
prepare  and  report  to  the  Convention  at  the  adjournment, 
alterations  and  amendments  to  be  submitted  to  the  people. 

Mr.  Greeley's  motion,  Mr.  Humphrey's  2  motions,  Mr. 
Tinney's  two  motions,  Mr.  Kimball's  Do.  Mr.  Rogers's  Do. 
Mr.  Plummer's  five  motions,  Maj'^  Stark's  motion,  Mr.  New- 
comb's  2  Do.  Gen.  Peabody's  &  Mr.  Waldron's  motions 
were  referr^^  to  the  above-named  Committee. 

Adjourned  to  the  second  Wednesday  of  February  next 
at  10  o'clock,  then  to  meet  at  Concord. 


58 


STATE    OF   NEW   HAMPSHIRE. 


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Mr.  Charles  Hodgdon 
Thomas  Tash,  Jun.  Esq'. 
David  Copp,  Esq'. 
Col"  David  Page 
Mr.  Robert  Parker 
Mr.  David  Alld 
Capt.  Wm.  Barron 
Zechariah  Chandler,  Esq'. 
Mr.  William  Page 
Daniel  Emerson,  Esq'. 
Joshua  Atherton,  Esq'. 

Charles  Barrett,  Esq'. 
Mr.  Jonathan  Fisk 
William  Abbott,  Esq'. 
Peter  Clark,  Esq'. 
Mr.  John  Cragin 
Jeremiah  Smith,  Esq'. 
Mr.  Daniel  Nicols 
Robert  Wallace,  Esq'.   . 

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JOURNAL    OF    CONVENTION. 


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STATE  OF  NEW  HAMPSHIRE. 


1    •          •   •          

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Samuel  Duncan,  Esq'. 
Sam^  Livermore,  Esq'. 
Doct'  John  Rogers 
Thomas  Crawford,  Esq'. 
Jesse  Johnson,  Esq'. 
Jonathan  Freeman,  Esq'. 
Elisha  Payne,  Esq'. 
Capt.  Jon^  Franklin 
Col"  Joseph  Hutchins 
William  Tarlton,  Esq'. 
Capt.  Nathi  White 
Capt.  Peter  Carlton 
Mr.  Wm.  Cargill 

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SUAVOJ   JO     S3U1BU    sqj^ 

1  49  yeas 
50  nays 

2  44  yeas 
45  nays 

3  48  yeas 
54  nays 

4  56  yeas 

39  J^ays 

5  64  yeas 
34  nays 

6  56  yeas 

45  nays 

7  47  yeas 
52  nays 

8  50  yeas 

46  nays 

9  46  yeas 
49  nays 


10 


II 


[12] 


19  yeas 
79  nays 

57  yeas 
35  nays 

34  yeas 
62  nays 


JOURNAL    OF    CONVENTION.  63 

[p.  Sy.]  Wednesday,  Feb^  8*^  1792. 

Several  members  of  Convention  met  agreeably  to  adjourn- 
ment ;  but  there  not  being  a  quorum,  and  the  President  be- 
ing absent  (the  Honb^  Judge  Walker  in  the  chair)  they 
agreed  to  adjourn  to  3  o'clock,  P.  M. 

Met  according  to  adjournment,  and  there  being  a.  quorum, 
and  the  Honb^  the  President  being  absent  out  of  the  State, 
motion  was  made  for  the  choice  of  a  President  Pro  Tempore, 
and  the  ballots  being  taken  the  Honb^  John  Pickering  Esq^ 
was  unanimously  chosen. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday  Feb^  9^^  1792,  the  Convention  met  according 
to  adjournment. 

The  Committee  chosen  in  September  last  to  take  into 
consideration  the  Constitution  and  the  Resolutions  passed 
at  that  session  and  the  several  motions  for  alterations  [see 
marg.  p.  85]  Reported  their  opinion  as  to  alterations  and 
their  Reasons  therefor  ;  also  the  Constitution  with  the  pro- 
posed alterations  incorporated  which  Reports  being  read, 
Motion  was  made  to  postpone  the  consideration  of  said  Re- 
ports until  the  afternoon — which  motion  prevailed, 
[p.  S8.]     Adjourned  to  3  o'clock,  P.  M.     Met  accordingly. 

[Note.  The  editor,  with  advice,  has  judged  it  expedient  here  to  insert 
full,  first,  77i€  alterations  and  amendments  proposed  by  the  abovesaid 
cofumittee ;  and  second,  T/ie  constitution  with  said  alterations  and 
amendments  incorporated.  The  journal,  which  subsequently  follows, 
will  show  definitely  the  action  which  the  convention  took  upon  both 
the  said  reports. — Ed.] 

I.    REPORT  OF   THE   COMMITTEE   ON   ALTERATIONS  AND 

AMENDMENTS. 
[See  MS.  Journal,  pp.  243-274.] 

BILL   OF   RIGHTS. 

Article  XIX. 

Every  citizen  hath  a  right  to  be  secure  from  all  unreasonable  searches 
and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his  posses- 
sions :  Therefore  all  Warrants  to  search  suspected  places  or  arrest  a 
person  for  examination  or  trial  in  prosecutions  for  criminal  matters,  are 
contrary  to  this  right,  if  the  cause  or  foundation  of  them  be  not  previ- 
ously supported  by  oath  or  affirmation  ;  and  if  the  order  in  a  warrant 
to  a  civil  officer  to  make  search  in  suspected  places,  or  to  arrest  one  or 
more  suspected  persons,  or  to  seize  their  property,  be  not  accompanied 
with  a  special  designation  of  the  persons  or  objects  of  search,  arrest  or 


64  STATE   OF    NEW   HAMPSHIRE. 

seizure  :  And  no  Warrant  ought  to  be  issued,  but  in  cases  and  with  the 
formalities  prescribed  by  Law. 

Article  XX. 

In  all  controversies  concerning  property,  and  in  all  suits  between  two 
or  more  persons,  exxept  in  cases  in  which  it  has  been  heretofore  other- 
wise used  &  practised,  the  parties  have  a  right  to  trial  by  Jury :  And 
this  method  of  procedure  shall  be  held  sacred,  unless  in  causes  arising 
on  the  high  seas,  and  such  as  relate  to  mariners  wages,  and  also  in  ac- 
tions where  the  sum  demanded  in  damages  shall  not  exceed  twenty  shil- 
lings, the  Legislature  shall  think  it  necessary  hereafter  to  alter  it. 

Article  XXXIX. 

Beasts  of  the  Plough,  not  exceeding  a  yoke  of  oxen  or  a  horse.  In- 
struments of  husbandry,  and  the  necessary  Tools  of  a  man's  Trade, 
shall  not  be  liable  to  be  distrained,  attached,  or  taken  in  execution  for 
debt ;  unless  by  the  person  who  furnished  them. 


PART   SECOND. 
THE   GENERAL   COURT. 

Paragraph  2. 

The  Senate  and  House  shall  assemble  every  year  on  the  third  Wednes- 
day of  September  and  at  such  other  times  as  they  may  judge  necessary 
and  shall  dissolve  and  be  dissolved  seven  days  next  preceding  the  said 
third  Wednesday  of  September ;  and  shall  be  sliled.  The  General 
Court  of  New  Hampshire. 

Every  Bill  which  shall  have  passed  both  Houses,  shall,  before  it  be- 
come a  Law,  be  presented  to  the  Governor ;  if  he  approve,  he  shall 
sign  it ;  but  if  not,  he  shall  return  it  with  his  objections  to  that  House 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  Journal  and  proceed  to  reconsider  it :  if,  after  such  recon- 
sideration, four  sevenths  of  that  House  shall  agree  to  pass  the  Bill,  it 
shall  be  sent,  together  with  such  objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered ;  and  if  approved  by  a  majority 
of  that  House,  it  shall  become  a  Law :  But  in  all  such  cases,  the  Votes 
of  both  Houses  shall  be  determined  by  yeas  &  nays,  and  the  names  of 
the  persons  voting  for  or  ag*'  the  Bill  shall  be  entered  on  the  Journal 
of  each  house.  If  any  Bill  shall  not  be  returned  by  the  Gov'",  within 
five  days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  Law  in  like  manner  as  if  he  had  signed  it :  unless 
the  Legislature  by  their  adjournment,  prevent  its  return ;  in  which 
case  it  shall  not  be  a  law. 

Every  Resolve  shall  be  presented  to  the  GoV.  and  before  the  same 
shall  take  effect,  shall  be  approved  by  him  ;  or  being  disapproved  by 
him,  shall  be  repassed  by  the  Senate  and  House  of  Representatives, 
according  to  the  Rules  and  Limitations  prescribed  in  the  case  of  a  Bill. 

No  member  of  the  General  Court  shall  take  fees,  be  of  Counsel,  or 
act  as  advocate  in  any  cause  before  either  branch  of  the  Legislature ; 


JOURNAL   OF   CONVENTION.  65 

and  upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in  the 
Legislature. 

All  persons  who  behave  decently,  shall  have  liberty  of  admission  to 
hear  the  Debates  and  proceedings  of  both  Houses  of  the  Legislature ; 
except  when  the  welfare  of  the  State  shall  require  secresy. 


SENATE. 

•        The  Senate  shall  consist  of  twelve  Members,  who  shall  hold  their 
office  for  two  years  next  ensuing  their  election. 

And  that  the  State  may  be  equally  represented  in  the  Senate,  the 
Legislature  shall  from  time  to  time  divide  the  State  into  twelve  Dis- 
tricts, as  nearly  equal  as  may  be,  without  dividing  towns  and  unincor- 
porated places ;  and  in  making  this  division,  they  shall  govern  them- 
selves by  the  proportion  of  public  taxes  paid  by  the  said  District ;  and 
timely  make  known  to  the  Inhabitants  of  the  State,  the  limits  of  each 
District.    • 

The  freeholders  and  other  Inhabitants  of  each  District  qualified  as  in 
this  Constitution  is  provided,  shall  biennially  give  in  their  votes  for  a 
senator  at  some  meeting  holden  in  the  month  of  March. 

The  Senate  shall  be  the  first  Branch  of  the  Legislature  ;  and  the 
Senators  shall  be  chosen  in  the  following  manner : — Every  male  inhab- 
itant of  each  Town  &  parish  with  town  privileges  in  this  State,  of  twen- 
ty-one years  of  age  and  upwards,  paying  for  himself,  or  liable  to  jDay, 
a  poll  tax  or  the  amount  thereof,  shall  have  a  right  at  the  annual  or 
other  meetings  of  the  inhabitants  of  s*^  towns  and  parishes,  to  be  duly 
warned  and  holden  every  second  year  in  the  month  of  March,  to  vote 
for  a  senator  in  the  District  whereof  he  is  a  member ; — and  every  per- 
son qualified  as  the  Constitution  provides,  shall  be  considered  an  inhab- 
itant for  the  purpose  of  electing  and  being  elected  into  any  office  or 
place  within  this  State,  in  that  town,  parish  or  plantation  where  he 
dwelleth  &  hath  his  home. 

The  Legislature  when  they  divide  the  State  into  Districts,  and  as 
often  as  they  shall  think  necessary,  shall  appoint  some  suitable  persons 
as  counters  in  each  District,  who  shall  meet  on  the  Thursday  next  fol- 
lowing the  Second  Wednesday  of  April  every  year  in  which  there  are 
meetings  held  in  the  District  for  the  election  of  a  Senator,  and  the 
General  Court  shall  appoint  the  place  of  their  meeting,  and  it  shall  be 
the  duty  of  said  counters,  until  others  are  appointed  in  their  room,  to 
receive,  examine  and  count  the  votes  for  Senators,  and  make  a  proper 
record  thereof,  certify  the  choice,  and  seasonably  deposit  the  returns 
from  the  several  Towms,  parishes  &  places,  and  the  record  of  their  pro- 
ceedings in  the  Secretary's  office. 

The  meetings  for  the  choice  of  Senators,  and  all  governmental  offi- 
cers shall  be  warned  by  Warrant  from  the  selectmen,  and  governed  by 
a  Moderator,  W'ho  shall  preside  at  such  meetings  impartially,  and  re- 
ceive the  votes  of  all  the  inhabitants  of  such  towns  »&  parishes  present 
and  qualified  to  vote  for  Senators,  and  shall  sort  and  count  the  same  in 
the  meeting,  and  in  presence  of  the  Town  Clerk,  who  shall  make  a  fair 

5 


66  STATE    OF    NEW    HAMPSHIRE. 

record  in  open  meeting  of  the  name  of  every  person  voted  for,  and  the 
nmnber  of  votes  against  his  name  ;  and  a  fair  copy  of  this  record  shall 
be  attested  by  the  Town  Clerk,  and  shall  be  sealed  up  and  directed  to 
the  counters  of  the  District  with  a  Superscription  expressing  the  pur- 
port thereof,  and  delivered  by  the  s^  clerk  to  the  counters  of  the  Dis- 
trict in  wdiich  such  town  or  parish  is,  on  or  before  the  Second  Wednes- 
day of  April  next  following  such  Town  Meeting ; 

Provided  7ievertheless,  that  no  person  shall  be  capable  of  being  elect- 
ed a  Senator,  who  is  not  seized  of  a  freehold  estate  in  his  own  right  of 
the  value  of  two  hundred  pounds  lying  within  this  State,  who  is  not  of 
the  age  of  thirty  years,  and  who  shall  not  have  been  an  inhabitant  of 
this  State  for  seven  years  immediately  preceding  his  election,  and  at  the 
time  thereof,  he  shall  be  an  inhabitant  of  the  District  for  which  he  is 
chosen. 

And  the  inhabitants  of  plantations  &  places  unincorporated,  qualified 
as  this  Constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  Government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  senators  in 
the  plantations  &  places  where  they  reside,  as  the  inhabitants  of  the 
several  respective  towns  and  parishes  afores"^  have  ;  and  the  meetings 
of  such  plantations  &  places  for  that  purpose,  shall  be  holden  every 
second  year  in  the  month  of  March,  at  such  places  respectively  therein, 
as  the  assessors  thereof  shall  direct,  &c. 

In  case  it  [there]  shall  not  appear  by  the  Returns  of  the  counters  to  be 
a  senator  elected  by  a  majority  of  votes  for  any  District,  the  counters  of 
that  District  shall  take  the  names  of  the  two  persons  who  shall  have 
the  highest  number  of  votes,  and  the  number  of  votes  that  each  of 
them  shall  have,  &  certify  and  deliver  the  same  to  the  Selectmen  of 
each  town  &  parish  in  such  District,  and  to  the  Assessors  of  unincor- 
porated places,  within  eight  days  after  the  counting  thereof;  and  it 
shall  be  the  duty  of  the  s'^  Selectmen  &  Assessors  respectively,  to  warn 
a  meeting  of  the  inhabitants  qualified  to  vote  for  senators,  to  be  held 
within  fifteen  days  after  the  expiration  of  s'^  eight  days,  giving  at  least 
twelve  days  notice,  to  elect  one  person  out  of  the  two  returned  as 
afores'i  to  be  senator  for  the  District,  and  the  several  town  clerks  &  as- 
sessors in  s"!  Districts,  shall  within  eight  days  after  the  expiration  of 
said  fifteen  days,  return  a  fair  attested  copy  of  the  Record  of  the  num- 
ber of  Votes  in  the  Towns,  parishes  and  places  in  the  Districts,  to  the 
counters  of  said  Districts,  and  the  counters  shall  on  the  ninth  or  tenth 
day  after  the  expiration  of  s^  fifteen  days,  meet  and  as  soon  as  may  be, 
sort  &  count  the  votes,  declare  the  choice,  and  notify  the  person  elect- 
ed :  And  in  case  it  shall  so  happen  that  two  or  more  persons  having  the 
highest  number  of  votes,  shall  have  an  equal  number,  the  counters 
shall  by  lot  determine  which  of  them  shall  be  sent  to  the  people  ;  And 
if  it  should  so  happen  that  from  the  returns  from  the  meetings  held  to 
compleat  the  elections,  that  the  two  persons  voted  for  should  have  an 
equal  number  of  votes,  the  counters  shall  by  lot  determine  which  of 
them  shall  be  senator  for  such  District,  and  notify  him  accordingly. 

All  vacancies  that  may  happen  in  the  Senate,  shall,  from  time  to  time 
be  filled  up  in  the  same  way  &  manner  as  the  first  elections  are  directed 
to  be  made  ; — the  Gov.  appointing  the  time  for  holding  the  meetings 
for  that  purpose. 


JOURNAL    OF    CONVENTION.  6/ 

The  Senate  shall  have  power  to  adjourn,  &c.  Provided  nevertheless, 
that  whenever  they  shall  sit  on  the  trial  of  any  Impeachment,  they  may 
adjourn  to  such  time  and  place  as  they  may  think  proper,  altho'  the 
Legislature  be  not  assembled  on  such  day  or  at  such  place. 

Every  officer  whilst  under  Impeachment  shall  be  suspended  from  the 
exercise  of  the  duties  of  his  office ;  but  the  trial  shall  be  as  speedy  as 
the  nature  of  the  case  will  admit. 


HOUSE   OF   REPRESENTATIVES. 

After  the  first  Paragraph. — 

Provided  jtevertheless.  That  whenever  the  number  of  Members  of 
the  House  of  Representatives  shall  exceed  one  hundred  and  ten,  it 
shall  be  the  duty  of  the  Legislature  to  make  such  arrangements  as  that 
the  members  shall  not  exceed  at  any  time  that  number,  nor  shall  the 
Towns  and  Districts  intituled  to  send  Representatives  at  any  time,  be 
less  than  eighty. 

The  members  of  both  Houses  of  the  Legislature  shall  be  compensat- 
ed for  their  services  out  of  the  Treasury  of  the  State,  by  a  Law  made 
for  that  purpose — such  members  attending  seasonably,  and  not  depart- 
ing without  license. 

And  any  member  of  the  Senate,  House  of  Representatives,  or  Coun- 
cil, shall  have  a  right,  on  motion  made  for  that  purpose  at  the  time,  to 
have  his  protest  or  dissent,  with  the  reasons  against  any  vote,  resolve 
or  bill  passed,  entered  on  the  Journals. 


executive  power. 
Governor. 

The  word  "  President"  shall  be  struck  out,  and  Governor  inserted 
in  all  the  sections  where  President  is  named. 

Fourth  Section  shall  be  struck  out. 

All  Judicial  officers,  the  Attorney  Gen^,  Solicitors,  all  sheriffs,  coro- 
ners, registers  of  probate,  and  all  officers  of  the  Navy,  and  general  and 
field  officers  of  the  militia,  shall  be  nominated  and  appointed  by  the 
Gov.  &  Council ;  and  every  such  nomination  shall  be  made  at  least 
three  days  prior  to  such  appointment ; — and  no  appointment  shall  take 
place  unless  a  majority  of  the  Council  agree  thereto. 

The  Gov'.  &  Council  shall  have  a  negative  on  each  other,  both  in  the 
nominations  &  appointments. 

The  yeas  and  nays  both  of  the  Gov  &  Council  present,  on  all  nomi- 
nations &  appointments,  shall  be  entered  on  the  Journals  of  the  Coun- 
cil. 

The  Captains  and  subalterns  in  the  respective  Regiments,  shall  be 
nominated  by  the  Field  officers,  and  if  approved  by  the  GoV.,  shall  be 
appointed  by  him. 


68  STATE   OF   NEW    HAMPSHIRE. 

LIEUTENANT   GOVERNOR. 

There  shall  be  annually  elected  in  the  month  of  March,  a  Lieu*. 
Gov.  whose  title  shall  be  His  Honor  ; — and  who  shall  be  qualified  in 
point  of  property,  residence,  and  elected,  in  the  same  manner  as  the 
Governor  is. 

The  qualifications  of  the  electors  shall  be  the  same  as  those  required 
by  this  Constitution  for  the  electors  of  Senators. 

The  Lieu'  Governor,  when  the  Governor  is  in  the  Chair,  shall  be 
President  of  the  Senate  and  have  a  casting  vote  in  case  of  a  tie. 

Whenever  the  Chair  of  the  Governor  shall  be  vacant  by  reason  of 
his  death,  absence  from  the  state,  or  otherwise,  the  Lieu*  Gov^  shall, 
during  such  vacancy,  have  and  exercise  all  the  powers  and  authorities 
which  by  this  Constitution  the  Gov.  is  vested  with,  when  personally 
present. 


COUNCIL. 

There  shall  be  annually  elected  by  ballot  five  Councillors  for  advising 
the  Gov^  in  the  Executive  part  of  Government. 

The  freeholders  and  other  inhabitants  in  each  County,  qualified  to 
vote  for  senators,  shall  some  time  in  the  month  of  March,  give  in  their 
votes  for  one  Councillor ;  and  the  number  of  votes  for  Councillors  shall 
be  returned  to  the  Secretary  of  the  State  in  like  manner  as  the  votes 
for  Governor,  and  the  Secretary  and  Treasurer  of  the  State  shall,  un- 
till  the  Legislature  shall  appoint  other  persons  for  that  purpose,  sort 
and  count  the  votes,  make  a  record  thereof,  and  certify  the  choice; 
which  record,  and  the  returns  from  the  several  Towns,  parishes  and 
places,  shall  be  deposited  in  the  Secretary's  ofiice  ; — and  the  person 
having  a  majority  of  votes  in  any  County,  shall  be  considered  as  duly 
elected  a  Councillor ;  but  if  no  person  shall  have  a  majority  of  votes  in 
any  County,  the  Senate  &  House  of  Representatives  shall  take  the 
names  of  the  two  persons  who  have  the  highest  number  of  votes  in 
each  County,  and  not  elected,  and  out  of  them  two,  shall  elect  by  joint 
ballots,  the  Councillor  wanting  for  such  County  :  Provided  nevertheless. 
That  no  person  shall  be  capable  of  being  elected  a  Councillor,  who  has 
not  an  estate  of  the  value  of  five  hundred  pounds  within  this  State, 
three  hundred  pounds  of  which  or  more  shall  be  a  freehold  in  his  own 
right ;  and  who  is  not  thirty  years  of  age,  and  who  shall  not  have  been 
an  inhabitant  of  this  State  for  seven  years  immediately  preceding  his 
election ;  and  at  the  time  of  his  election  an  inhabitant  of  the  County 
in  which  he  is  elected. 

The  Secretary  shall  annually,  seventeen  days  before  the  third 
Wednesday  of  September,  give  notice  of  the  choice  to  the  person  elect- 
ed. 

If  any  Councillor  shall  be  elected  Governor  or  Lieu*  Gov.  or  mem- 
ber of  either  branch  of  the  Legislature,  and  shall  accept  the  trust ;  or 
if  any  person  elected  as  a  Councillor  shall  refuse  to  accept  the  office,  or 
in  case  of  the  death,  resignation,  or  removal  of  any  Councillor  out  of 
the  State ;  the  Gov'',  may  issue  a  precept  for  the  election  of  a  new 


JOURNAL    OF    CONVENTION.  69 

Councillor  in  that  County  where  such  vacancies  shall  happen ; — and 
the  choice  shall  be  in  the  same  manner  before  described. 

If  any  new  County  shall  hereafter  be  made  in  this  State,  a  Councillor 
shall  be  chosen  therein  in  the  same  manner  as  before  directed. 


COUNTY   TREASURERS. 

Provided  iieruertheless,  the  Legislature  shall  have  authority  to  alter 
the  mode  of  electing  these  officers,  but  not  so  as  to  deprive  the  people 
of  the  right  [they]  now  have  of  electing  them ;  and  also  to  divide  the 
several  Counties  into  as  many  Districts  for  registering  of  Deeds,  as 
to  them  shall  appear  necessary : — and  the  inhabitants  of  each  District 
to  elect  a  Regfister. 


JUDICIAL   POWER. 

The  Judicial  Power  of  the  State  shall  be  vested  in  a  Supreme  Court 
of  Judicature,  except  as  is  hereafter  provided  : — This  Court  shall  con- 
sist of  one  Chief  Justice  &  not  more  than  nine  nor  less  than  six  assO' 
elates  Justices.  The  Supreme  Judicial  Court  shall  be,  and  they  hereby 
are  fully  authorized  &  impowered  to  grant  new  trials  and  restorations 
to  law  in  all  cases  where  it  shall  to  them  appear  reasonable. 

The  power  of  hearing  &  determining  causes  in  Equity,  shall,  by  the 
Legislature,  be  vested  in  the  Supreme  Judicial  Court ; — which  power 
shall  be  limited  &  defined  by  law ;  and  no  suit  in  Equity  shall  be  sus- 
tained, where  adequate  justice  may  be  had  in  the  Courts  of  Law. 

There  shall  be  a  Court  erected  in  each  County,  to  be  called  the  Coun- 
ty Court,  to  consist  of  one  Chief  Justice  and  not  more  than  six,  nor 
less  than  four  Associate  Justices,  who  shall  have  all  the  jurisdiction, 
civil  &  criminal,  and  all  the  powers  and  authorities  that  now  appertain 
to  the  Courts  of  General  Sessions  of  the  peace ;  and  such  other  mat- 
ters as  the  Legislature  may  constitutionally  assign  them — the  trying 
of  civil  suits  excepted:  and  except  the  raising  County  taxes ; — which 
taxes  shall  be  granted  by  the  Representatives  of  each  County  in  such 
manner  as  the  Legislature  shall  direct :  Provided  nevertheless.  That 
the  Legislature  shall  have  authority  to  make  such  other  regulations 
by  Law,  as  shall  be  necessary  for  the  appropriation  of  county  taxes. 

Appeals  shall  be  granted  from  s"!  County  Court  to  the  Supreme  Judi- 
cial Court,  as  they  are  now  allowed  from  the  Court  of  General  Sessions 
of  the  peace  to  the  Superior  Court ;  or  in  such  cases  &  manner  as  the 
Legislature  may  by  Law  establish. 

Justices  of  the  peace  shall  have  the  power  of  hearing  and  determin- 
ing all  actions  wherein  the  damage  demanded  does  not  exceed  four 
pounds,  except  those  wherein  the  title  to  things  real  may  be  drawn  in 
question ; — an  appeal  being  allowed  in  civil  actions  to  the  Supreme  Ju- 
dicial Court,  and  in  criminal  matters,  to  the  County  Courts,  in  such 
cases  and  manner  as  the  Legislature  shall  by  Law  establish. 

No  person  shall  hold  the  office  of  Judge  of  any  Court,  or  sheriff  of 
any  County,  after  he  has  arrived  at  the  age  of  65  years. 


70  STATE   OF    NEW    HAMPSHIRE. 

No  Judge  of  any  Court  or  Justice  of  the  peace  shall  act  as  attorney 
or  be  of  counsel  to  any  party,  or  originate  any  civil  suit  in  matters  that 
shall  come  before  him  as  judge  or  justice  of  the  peace. 

No  Judge  or  Register  of  Probate  of  Wills  &c.  shall  be  of  counsel, 
act  as  advocate,  or  receive  any  fees  as  advocate  or  counsellor  in  any 
Probate  business  that  is  pending  or  that  may  be  brought  into  any  Court 
of  Probate  in  the  County  of  which  he  is  judge  or  register. 


OATH. 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  faith  and  true  allegi- 
ance to  the  State  of  New  Hampshire,  and  will  support  the  Constitution 
thereof: —  So  help  ?ne  God. 

Any  person  having  taken  &  subscribed  the  oath  of  allegiance,  and 
the  same  being  filed  in  the  Secretary's  office,  he  shall  not  be  obliged 
to  take  said  oath  again. 


No  new  Town  or  parish  shall  be  formed  in  whole  or  in  part,  out  of 
any  town  or  parish,  without  the  consent  of  a  major  part  of  the  quali- 
fied voters  of  such  town  or  parish  out  of  which  they  are  so  formed,  vot- 
ing upon  the  question  at  a  legal  meeting  for  that  purpose. 


The  Legislature,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments,  or  on  the  application  of  a  major- 
ity of  the  incorporated  towns  and  parishes  within  this  State,  shall  call 
a  Convention  for  preparing  amendments,  which  in  either  case  shall  be 
valid  to  all  intents  and  purposes  as  part  of  this  Constitution,  when  ap- 
proved of  by  a  majority  of  qualified  voters  present  and  voting  in  town 
meetings  on  the  question. 

The  Secretary  of  the  State  shall  at  all  times  have  a  Deputy,  to  be  by 
him  appointed,  for  whose  conduct  in  office  he  shall  be  responsible  : — 
and  in  case  of  the  death,  removal,  or  inability  of  the  Secretary,  his 
deputy  shall  have  &  exercise  all  the  duties  of  the  office  of  Secretary 
untill  another  shall  be  appointed. 

The  Secretary  before  he  enters  upon  the  business  of  his  office,  shall 
give  bond,  with  sufficient  sureties  in  a  reasonable  sum,  for  the  use  of 
the  State,  for  the  punctual  performance  of  his  trust,  as  the  Legislature 
shall  direct. 


To  the  end  that  there  may  be  no  failure  of  justice  or  danger  to  this 
State  by  the  alterations  &  amendments  made  in  the  Constitution,  the 
General  Court  is  hereby  fully  authorized  and  directed  to  fix  the  time 
when  the  amendments  and  alterations  shall  take  effect,  and  make  the 
necessary  arrangements  accordingly. 

All  Judges  of  Courts  and  other  civil  officers  whose  appointment 
is  vested  in  the  Gov  &  Council,  (Justices  of  the  peace  &  Coroners 


JOURNAL    OF    CONVENTION.  7 1 

excepted)  shall  be  appointed  and  commissioned  within  one  year  after 
adopting  the  amendments  to  the  Constitution ;  and  the  Commissions 
of  all  such  officers,  who  have  been  heretofore  appointed  by  the  Presi- 
dent and  Council,  shall  thereupon  determine  and  become  void. 

N.  B.     Some  small  alterations  not  herein  mentioned,  are  in  the  In- 
corporation. 


II.   \The  Constitution  as  reported  by  the  comtnittee,  February  9,  1792, 
with  the  foregoing  alterations  a7id  aynetidments  iticorporated. — Ed.] 

THE  CONSTITUTION  OF  NEW  HAMPSHIRE. 


PART     I 


THE  BILL  OF  RIGHTS. 


Article  i^*. 


All  men  are  born  equally  free  and  independent :  Therefore,  all  gov- 
ernment, of  right,  originates  from  the  people,  is  founded  in  consent,  and 
instituted  for  the  general  good. 

2. 

All  men  have  certain  natural,  essential,  and  inherent  rights — among 
which  are,  the  enjoying  and  defending  life  and  liberty ;  acquiring,  pos- 
sessing, and  protecting  property ;  and,  in  a  word,  of  seeking  and  ob- 
taining happiness. 

3- 

When  men  enter  into  a  state  of  society,  they  surrender  up  some  of 
their  natural  rights  to  that  society,  in  order  to  ensure  the  protection  of 
others ;  and,  without  such  an  equivalent,  the  surrender  is  void. 

4- 
Among  the  natural  rights,  some  are,  in  their  very  nature,  unaliena- 
ble, because  no  equivalent  can  be  given  or  received  for  them.     Of  this 
kind  are  the  Rights  of  Conscience. 

Every  individual  has  a  natural  and  unalienable  right  to  worship  GOD 
according  to  the  dictates  of  his  own  conscience  and  reason ;  and  no 
subject  shall  be  hurt,  molested,  or  restrained,  in  his  person,  liberty,  or 
estate,  for  worshipping  God  in  the  manner  and  season  most  agreeable 
to  the  dictates  of  his  own  conscience,  or  for  his  religious  profession, 
sentiments,  or  persuasion ;  provided  he  doth  not  disturb  the  public 
peace,  or  disturb  others  in  their  religious  worship. 

6. 

As  morality  and  piety,  rightly  grounded  on  evangelical  principles, 
will  give  the  best  and  greatest  security  to  government,  and  will  lay,  in 


72  STATE   OF    NEW   HAMPSHIRE. 

the  hearts  of  men,  the  strongest  obligations  to  due  subjection ;  and  as 
the  knowledge  of  these  is  most  likely  to  be  propagated  through  a  so- 
ciety, by  the  institution  of  the  public  worship  of  the  Deity,  and  of  pub- 
lic instruction  in  morality  and  religion ;  therefore,  to  promote  those 
important  purposes,  the  people  of  this  State  have  a  right  to  empower, 
and  do  hereby  fully  empower,  the  Legislature,  to  authorize,  from  time 
to  time,  the  several  towns,  parishes,  bodies  corporate,  or  religious  so- 
cieties, within  this  State,  to  make  adequate  provision,  at  their  own  ex- 
pense, for  the  support  and  maintenance  of  public  protestant  teachers  of 
piety,  religion,  and  morality : 

Provided  tiotiuithstandi?ig.  That  the  several  towns,  parishes,  bodies 
corporate,  or  religious  societies,  shall,  at  all  times,  have  the  exclusive 
right  of  electing  their  own  public  teachers,  and  of  contracting  with 
them  for  their  support  and  maintenance.  And  no  person,  of  any  one 
particular  religious  sect  or  denomination,  shall  ever  be  compelled  to 
pay  towards  the  support  of  the  teacher  or  teachers  of  another  persua- 
sion, sect,  or  denomination. 

And  every  denomination  of  Christians,  demeaning  themselves  quiet- 
ly, and  as  good  subjects  of  the  State,  shall  be  equally  under  the  protec- 
tion of  the  law :  And  no  subordination  of  any  one  sect  or  denomina- 
tion to  another,  shall  ever  be  established  by  law. 

And  nothing  herein  shall  be  understood  to  affect  any  former  contracts 
made  for  the  support  of  the  ministry ;  but  all  such  contracts  shall  re- 
main, and  be  in  the  same  state  as  if  this  Constitution  had  not  been 
made. 

7. 

The  people  of  this  State  have  the  sole  and  exclusive  right  of  govern- 
ing themselves  as  a  free,  sovereign,  and  independent  State  ;  and  do, 
and  forever  hereafter  shall,  exercise  and  enjoy  every  power,  jurisdiction, 
and  right,  pertaining  thereto,  which  is  not,  or  may  not  hereafter  be,  by 
them  expressly  delegated  to  the  United  States  of  America  in  Congress 
assembled. 

8, 

All  power  residing  originally  in,  and  being  derived  from,  the  people, 
all  the  magistrates  and  officers  of  government  are  their  substitutes  and 
agents,  and  at  all  times  accountable  to  them. 

9- 
No  office  or  place  whatsoever,  in  government,  shall  be  hereditary — 
the  abilities  and  integrity  requisite  in  all,  not  being  transmissible  to 
posterity  or  relations. 

10. 

Government  being  instituted  for  the  common  benefit,  protection,  and 
security  of  the  whole  community,  and  not  for  the  private  interest  or 
emolument  of  any  one  man,  family,  or  class  of  men;  therefore,  when- 
ever the  ends  of  government  are  perverted,  and  public  liberty  manifest- 
ly endangered,  and  all  other  means  of  redress  are  ineffectual,  the  peo- 
ple may,  and  of  right  ought  to,  reform  the  old,  or  establish  a  new 
government.  The  doctrine  of  nonresistance  against  arbitrary  power 
and  oppression,  is  absurd,  slavish,  and  destructive  of  the  good  and 
happiness  of  mankind. 

II. 

All  elections  ought  to  be  free,  and  every  inhabitant  of  the  State, 


JOURNAL    OF    CONVENTION.  73 

leaving  the  proper  qualifications,  has  equal  right  to  elect,  and  be  elect- 
ed, into  office. 

12. 

Every  member  of  the  community  has  a  right  to  be  protected  by  it, 
in  the  enjoyment  of  his  life,  liberty,  and  property;  he  is  therefore 
bound  to  contribute  his  share  in  the  expense  of  such  protection,  and 
to  yield  his  personal  service  when  necessary,  or  an  equivalent.  But  no 
part  of  a  man's  property  shall  be  taken  from  him,  or  applied  to  public 
uses,  without  his  own  consent,  or  that  of  the  representative  body  of 
the  people.  Nor  are  the  inhabitants  of  this  State  controlable  by  any 
other  laws  than  those  to  which  they,  or  their  representative  body,  have 
given  their  consent. 

13- 

No  person,  who  is  conscientiously  scrupulous  about  the  lawfulness  of 
bearing  arms,  shall  be  compelled  thereto,  provided  he  will  pay  an 
equivalent. 

14. 

Every  subject  of  this  State  is  entitled  to  a  certain  remedy,  by  having 
recourse  to  the  laws,  for  all  injuries  he  may  receive  in  his  person,  prop- 
erty, or  character;  to  obtain  right  and  justice  freely,  without  being 
obliged  to  purchase  it ;  completely,  and  without  any  denial ;  promptly, 
and  without  any  delay ;  conformably  to  the  laws. 

15- 

No  subject  shall  be  held  to  answer  for  any  crime,  or  offence,  until 
the  same  is  fully  and  plainly,  substantially  and  formally,  described  to 
him  ;  or  be  compelled  to  accuse  or  furnish  evidence  against  himself. 
And  every  subject  shall  have  a  right  to  produce  all  proofs  that  may  be 
favorable  to  himself;  to  meet  the  witnesses  against  him,  face  to  face; 
and  to  be  fully  heard  in  his  defence,  by  himself,  and  counsel.  And  no 
subject  shall  be  arrested,  imprisoned,  despoiled,  or  deprived  of  his 
property,  immunities,  or  privileges,  put  out  of  the  protection  of  the  law, 
exiled  or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

16. 

No  subject  shall  be  liable  to  be  tried,  after  an  acquittal,  for  the  same 
crime  or  offence.  Nor  shall  the  Legislature  make  any  law  that  shall 
subject  any  person  to  a  capital  punishment,  (excepting  for  the  govern- 
ment of  the  army  and  navy,  and  the  militia  in  actual  service) ,  without 
trial  by  Jury. 

17- 

In  criminal  prosecutions,  the  trial  of  facts,  in  the  vicinity  where  they 
happen,  is  so  essential  to  the  security  of  the  life,  liberty,  and  estate  of 
the  citizen,  that  no  crime  or  offence  ought  to  be  tried  in  any  other  coun- 
ty than  that  in  which  it  is  committed  ;  except  in  cases  of  general  insur- 
rection in  any  particular  county,  when  it  shall  appear  to  the  Judges  of 
the  Superior  Court,  that  an  impartial  trial  cannot  be  had  in  the  county 
where  the  offence  may  be  committed,  and  upon  their  report,  the  Legis- 
lature shall  think  proper  to  direct  the  trial  in  the  nearest  county  in 
which  an  impartial  trial  can  be  obtained. 

18. 

All  penalties  ought  to  be  proportioned  to  the  nature  of  the  offence. 


74  STATE   OF   NEW    HAMPSHIRE. 

No  wise  Legislature  will  affix  the  same  punishment  to  the  crimes  of 
theft,  forgery,  and  the  like,  which  they  do  to  those  of  murder  and  trea- 
son :  Where  the  same  undistinguishing  severity  is  exerted  against  all 
offences,  the  people  are  led  to  forget  the  real  distinction  in  the  crimes 
themselves,  and  to  commit  the  most  flagrant  with  as  little  compunction 
as  they  do  those  of  the  lightest  die.  For  the  same  reason  a  multitude 
of  sanguinary  laws  is  both  impolitic  and  unjust.  The  true  design  of  all 
punishments  being  to  reform,  not  to  exterminate,  mankind. 

19. 
Every  citizen  hath  a  right  to  be  secure  from  all  unreasonable  search- 
es and  seizures  of  his  person,  his  houses,  his  papers,  and  all  his  pos- 
sessions. Therefore,  all  warrants  to  search  suspected  places,  or  arrest 
a  person  for  examination  or  trial,  in  prosecutions  for  criminal  matters, 
are  contrary  to  this  right,  if  the  cause  or  foundation  of  them  be  not 
previously  supported  by  oath  or  affirmation;  and  if  the  order,  in  a  war- 
rant to  a  civil  officer,  to  make  search  in  suspected  places,  or  to  arrest 
one  or  more  suspected  persons,  or  to  seize  their  property,  be  not  accom- 
panied with  a  special  designation  of  the  persons  or  objects  of  search, 
arrest,  or  seizure  ;  and  no  warrants  ought  to  be  issued,  but  in  cases, 
and  with  the  formalities,  prescribed  by  law. 

20. 
In  all  controversies  concerning  property,  and  in  all  suits  between  two 
or  more  persons,  except  in  cases  in  which  it  has  been  heretofore  other- 
wise used  and  practised,  the  parties  have  a  right  to  a  trial  by  Jury ;  and 
this  method  of  procedure  shall  be  held  sacred,  unless  in  causes  arising 
on  the  high  seas  and  such  as  relate  to  mariners'  wages,  and  also  in  ac- 
tions where  the  sum  demanded  in  damages  shall  not  exceed  twenty 
shillings ;  the  Legislature  shall  think  it  necessary  hereafter  to  alter  it. 

21. 
In  order  to  reap  the  fullest  advantage  of  the  inestimable  privilege  of 
the  trial  by  Jury,  great  care  ought  to  be  taken,  that  none  but  qualified 
persons  should  be  appointed  to  serve  ;  and  such  ought  to  be  fully  com- 
pensated for  their  travel,  time,  and  attendance. 

22. 

The  LIBERTY  OF  THE  PRESS  is  essential  to  the  security  of  Free- 
dom in  a  State  :  It  ought,  therefore,  to  be  inviolably  preserved. 

23. 
Retrospective  laws  are  highly  injurious,  oppressive,  and  unjust.     No 
such  laws,  therefore,  should  be  made,  either  for  the  decision  of  civil 
causes,  or  the  punishment  of  offences. 

24. 

A  well  regulated  militia  is  the  proper,  natural,  and  sure  defence  of  a 
State. 

25. 
Standing  armies  are  dangerous  to  liberty,  and  ought  not  to  be  raised, 
or  kept  up,  without  the  consent  of  the  Legislature. 

26. 
In  all  cases,  and  at  all  times,  the  military  ought  to  be  under  strict 
subordination  to,  and  governed  by,  the  civil  power. 


JOURNAL    OF    CONVENTION.  75 

27. 

No  soldier,  in  time  of  peace,  shall  be  quartered  in  any  house,  without 
the  consent  of  the  owner;  and  in  time  of  war,  such  quarters  ought  not 
to  be  made  but  by  the  civil  magistrate,  in  a  manner  ordained  by  the 
Legislature. 

28. 

No  subsidy,  charge,  tax,  impost,  or  duty,  shall  be  established,  fixed, 
laid,  or  levied,  under  any  pretext  whatsoever,  without  the  consent  of 
the  people,  or  their  Representatives  in  the  Legislature,  or  authority  de- 
rived from  that  body. 

29. 

The  power  of  suspending  the  laws,  or  the  execution  of  them,  ought 
never  to  be  exercised  but  by  the  Legislature,  or  by  authority  derived 
therefrom,  to  be  exercised  in  such  particular  cases  only  as  the  Legisla- 
ture shall  expressly  provide  for. 

30. 

The  freedom  of  deliberation,  speech,  and  debate,  in  either  House  of 
the  Legislature,  is  so  essential  to  the  rights  of  the  people,  that  it  cannot 
be  the  foundation  of  any  action,  complaint,  or  prosecution,  in  any  other 
Court  or  place  whatsoever. 

31- 

The  Legislature  ought  frequently  to  assemble  for  the  redress  of  griev- 
ances, for  correcting,  strengthening,  and  confirming  the  laws,  and  for 
making  new  ones  as  the  common  good  may  require. 

32. 
The  people  have  a  right,  in  an  orderly  and  peaceable  manner,  to  as- 
semble and  consult  upon  the  common  good,  give  instructions  to  their 
Representatives,  and  to  request  of  the  legislative  body,  by  way  of  peti- 
tion or  remonstrance,  redress  of  the  wrongs  done  them,  and  of  the 
grievances  they  suffer. 

33. 
No  Magistrate,  or  Court  of  Law,  shall  demand  excessive  bail  or  sure- 
ties, impose  excessive  fines,  or  inflict  cruel  or  unusual  punishments. 

34- 

No  person  can,  in  any  case,  be  subjected  to  law-martial,  or  to  any 
pains  or  penalties  by  virtue  of  that  law,  except  those  employed  in  the 
army  or  navy,  and  except  the  militia  in  actual  service,  but  by  authority 
of  the  Legislature. 

35- 

It  is  essential  to  the  preservation  of  the  rights  of  every  individual,  his 
life,  liberty,  property,  and  character,  that  there  be  an  impartial  inter- 
pretation of  the  laws,  and  administration  of  justice.  It  is  the  right  of 
every  citizen  to  be  tried  by  judges  as  impartial  as  the  lot  of  humanity 
will  admit.  It  is  therefore  not  only  the  best  policy,  but  for  the  security 
of  the  rights  of  the  people,  that  the  Judges  of  the  Supreme  (or  Superior) 
Judicial  Court  should  hold  their  offices  so  long  as  they  behave  well ;  and 
that  they  should  have  honorable  salaries,  ascertained  and  established 
by  standing  laws. 

36.^  ^ 

OEconomy  being  a  most  essential  virtue  in  all  States,  especially  in  a 
young  one ;  no  pension  shall  be  granted,  but  in  consideration  of  actual 


76 


STATE    OF   NEW   HAMPSHIRE. 


services ;  and  such  pensions  ought  to  be  granted  with  great  caution,  by 
the  Legislature,  and  never  for  more  than  one  year  at  a  time. 

In  the  government  of  this  State,  the  three  essential  powers  thereof, 
to  wit,  the  Legislative,  Executive,  and  Judicial,  ought  to  be  kept  as 
separate  from,  and  independent  of,  each  other,  as  the  nature  of  a  free 
government  will  admit,  or  as  is  consistent  with  that  chain  of  connection 
that  binds  the  whole  fabric  of  the  Constitution  in  one  indissoluble  bond 
of  union  and  amity. 

38. 

A  frequent  recurrence  to  the  fundamental  principles  of  the  Constitu- 
tion, and  a  constant  adherence  to  justice,  moderation,  temperance,  in- 
dustry, frugality,  and  all  the  social  virtues,  are  indispensably  necessary 
to  preserve  the  blessings  of  liberty  and  good  government;  the  people 
ought,  therefore,  to  have  a  particular  regard  to  all  those  principles  in 
the  choice  of  their  officers  and  Representatives :  And  they  have  a  right 
to  require  of  their  law-givers  and  magistrates,  an  exact  and  constant  ob- 
servance of  them,  in  the  formation  and  execution  of  the  laws  necessary 
for  the  good  administration  of  government. 

39- 

Beasts  of  the  plough,  not  exceeding  a  yoke  of  oxen,  or  a  horse,  in- 
struments of  husbandry,  &  the  necessary  tools  of  a  man's  trade,  shall 
not  be  liable  to  be  distrained,  attached,  or  taken  on  execution  for  debt, 
unless  by  the  person  who  furnished  them. 


PART    II. 


THE  FORM  OF  GOVERNMENT. 


The  people  inhabiting  the  territory  of  the  State  of  New  Hampshire, 
do  hereby  solemnly  and  mutually  agree  with  each  other,  to  form  them- 
selves into  a  free,  sovereign,  and  independent  Body  Politic,  or  State, 
by  the  name  of  the  State  of  New  Hampshire. 


THE  GENERAL  COURT. 


The  Supreme  Legislative  Power,  within  this  State,  shall  be  vested  in 
the  Senate  and  House  of  Representatives,  each  of  which  shall  have  a 
negative  on  the  other. 

The  Senate  and  House  of  Representatives  shall  assemble  every  year 
on  the  third  Wednesday  of  September,  and  at  such  other  times  as  they 
may  judge  necessary;  and  shall  dissolve,  and  be  dissolved,  seven  days 
next  preceding  the  said  third  Wednesday  of  September ;  and  shall  be 
stiled  THE  GENERAL  COURT  OF  NEW   HAMPSHIRE. 

The  General  Court  shall  forever  have  full  power  and  authority  to  erect 
and  constitute  Judicatories  and  Courts  of  Record,  or  other  Courts,  not 
repugnant  or  contrary  to  this  Constitution,  to  be  holden  in  the  name  of 
the   State,   for   the   hearing,   trying,  and   determining  all   manner  of 


JOURNAL   OF   CONVENTION.  77 

crimes,  offences,  pleas,  processes,  plaints,  actions,  causes,  matters  and 
things  whatsoever,  arising  or  happening  within  this  State,  or  between 
or  concerning  persons  inhabiting  or  residing,  or  brought  within,  the 
same,  whether  the  same  be  criminal  or  civil,  or  whether  the  crimes  be 
capital,  or  not  capital,  and  whether  the  said  pleas  be  real,  personal,  or 
mixed ;  and  for  the  awarding  and  issuing  execution  thereon.  To 
which  Courts  and  Judicatories,  are  hereby  given  and  granted,  full  power 
and  authority,  from  time  to  time,  to  administer  oaths  or  affirmations, 
for  the  better  discovery  of  truth  in  any  matter  in  controversy,  or  de- 
pending before  them. 

And  further,  full  power  and  authority  are  hereby  given  and  granted 
to  the  said  General  Court,  from  time  to  time,  to  make,  ordain,  and  es- 
tablish all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes, 
ordinances,  directions,  and  instructions,  either  with  penalties,  or 
without,  so  as  the  same  be  not  repugnant  or  contrary  to  this 
Constitution,  as  they  may  judge  for  the  benefit  and  welfare  of  this 
State,  and  for  the  governing  and  ordering  thereof,  and  of  the  subjects 
of  the  same,  for  the  necessary  support  and  defence  of  the  government 
thereof;  and  to  name  and  settle  annually,  or  provide  by  fixed  laws  for 
the  naming  and  settling,  all  civil  officers  within  this  State  ;  such  officers 
excepted,  the  election  and  appointment  of  whom  are  hereafter  in  this 
form  of  government  otherwise  provided  for ;  and  to  set  forth  the  several 
duties,  powers,  and  limits,  of  the  several  civil  and  military  officers  of 
this  State,  and  the  forms  of  such  oaths  or  affirmations  as  shall  be  re- 
spectively administered  unto  them,  for  the  execution  of  their  several 
offices  and  places,  so  as  the  same  be  not  repugnant  or  contrary  to  this 
Constitution ;  and  also  to  impose  fines,  mulcts,  imprisonments,  and 
other  punishments ;  and  to  impose  and  levy  proportional  and  reasona- 
ble assessments,  rates,  and  taxes,  upon  all  the  inhabitants  of,  and  resi- 
dents within,  the  said  State  ;  and  upon  all  estates  within  the  same ;  to 
be  issued  and  disposed  of  by  warrant,  under  the  hand  of  the  Governor 
of  this  State  for  the  time  being,  with  the  advice  and  consent  of  the 
Council,  for  the  public  service,  in  the  necessary  defence  and  support  of 
the  government  of  this  State,  and  the  protection  and  preservation  of 
the  citizens  thereof,  according  to  such  acts  as  are,  or  shall  be,  in  force 
within  the  same. 

Every  bill  which  shall  have  passed  both  Houses,  shall,  before  it  be- 
come a  law,  be  presented  to  the  Governor :  if  he  approve  he  shall  sign 
it,  but  if  not,  he  shall  return  it  with  his  objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objections  at  large 
in  their  Journal,  and  proceed  to  reconsider  it.  If  after  such  reconsid- 
eration, four  sevenths  of  that  House  shall  agree  to  pass  the  bill,  it  shall 
be  sent  together  with  such  objections  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  by  a  majority  of  that 
House,  it  shall  become  a  law.  But  in  all  such  cases,  the  votes  of  both 
Houses  shall  be  determined  by  yeas  &  nays ;  &  the  names  of  the  per- 
sons voting  for  or  against  the  bill,  shall  be  entered  on  the  Journal  of 
each  House  respectively.  If  any  bill  shall  not  be  returned  by  the  Gov- 
ernor within  five  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  Legislature  by  their  adjournment  prevent  its  re- 
turn, in  which  case  it  shall  not  be  a  law. 

Every  Resolve  shall  be  presented  to  the  Governor,  &  before  the  same 
shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved  by 


78 


STATE    OF    NEW    HAMPSHIRE. 


him,  shall  be  repassed  by  the  Senate  &  House  of  Representatives,  ac- 
cording to  the  rules  &.  limitations  prescribed  in  the  case  of  a  bill. 

No  member  of  the  General  Court  shall  take  fees,  be  of  counsel,  or 
act  as  advocate,  in  any  cause  before  either  branch  of  the  Legislature; 
and  upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in  the 
Legislature. 

All  persons  who  behave  decently  shall  have  liberty  of  admission,  to 
hear  the  debates  &  proceedings  of  both  Houses  of  the  Legislature,  ex- 
cept when  the  welfare  of  the  State  shall  require  secrecy. 

While  the  public  charges  of  government,  or  any  part  therCipf,  shall  be 
assessed  on  polls  and  estates  in  the  manner  that  has  heretofore  been 
practised  ;  and  in  order  that  such  assessments  may  be  made  with  equal- 
ity, there  shall  be  a  valuation  of  the  estates  within  the  State  taken  anew 
once  in  every  five  years  at  least,  and  as  much  oftener  as  the  General 
Court  shall  order. 


SENATE. 


THE  Senate  shall  consist  of  twelve  members,  who  shall  hold  their 
office  for  two  years  from  the  third  Wednesday  of  September  next  ensu- 
ing their  election. 

And  that  the  State  may  be  equally  represented  in  the  Senate,  the 
Legislature  shall,  from  time  to  time,  divide  the  State  into  twelve  dis- 
tricts, as  nearly  equal  as  may  be  without  dividing  towns  and  unincor- 
porated places  ;  and  in  making  this  division,  they  shall  govern  them- 
selves by  the  proportion  of  public  taxes  paid  by  the  said  districts,  and 
timely  make  known  to  the  inhabitants  of  the  State  the  limits  of  each 
district. 

The  freeholders  and  other  inhabitants  of  each  district,  qualified  as 
in  this  Constitution  is  provided,  shall  biennially  give  in  their  votes  for 
a  Senator,  at  some  meeting  holden  in  the  Month  of  March. 

The  Senate  shall  be  the  first  branch  of  the  Legislature  ;  and  the  Sen- 
ators shall  be  chosen  in  the  following  manner,  viz.  Every  male  inhabit- 
ant of  each  town,  and  parish  with  town  privileges,  and  places  unincor- 
porated, in  this  State,  of  twenty-one  years  of  age  and  upwards,  paying 
for  himself,  or  liable  to  pay  a  poll  tax,  or  the  amount  thereof,  shall  have 
a  right,  at  the  annual  or  other  meetings  of  the  inhabitants  of  said  towns, 
parishes  and  places,  to  be  duly  warned  and  holden  every  second  year 
forever  in  the  month  of  March,  to  vote  for  a  Senator  in  the  district 
whereof  he  is  a  member. 

And  every  person  qualified  as  the  Constitution  provides,  shall  be  con- 
sidered an  inhabitant  for  the  purpose  of  electing  &  being  elected  into 
any  ofiice  or  place  within  this  State,  in  that  town,  parish  &  plantation 
where  he  dwelleth  &  hath  his  home. 

The  Legislature  when  they  divide  the  State  into  districts,  &  as  often 
as  they  shall  think  necessary,  shall  appoint  some  suitable  persons  as 
counters,  in  each  district,  who  shall  meet  on  the  Thursday  next  follow- 
ing the  second  Wednesday  of  April  every  year  in  which  there  is  meet- 
ings held  in  the  district  for  the  election  of  a  Senator ;  and  the  General 
Court  shall  appoint  the  place  of  their  meeting,  and  it  shall  be  the  duty 
of  said  counters  untill  others  are  appointed  in  their  room,  to  receive, 
examine  and  count  the  votes  for  Senators  &  make  a  proper  record  there- 
of, certify  the  choice,  and  seasonably  deposit  the  returns  from  the  sev- 


JOURNAL   OF    CONVENTION.  79 

eral  towns,  parishes  &  places,  &  the  record  of  their  proceedings  in  the 
Secretary's  office. 

The  meetings  for  the  choice  of  Senators,  &  all  governmental  officers, 
shall  be  warned  by  warrant  from  the  selectmen,  &  governed  by  a  Mod- 
erator, who  shall  preside  at  such  meetings  impartially,  &  receive  the 
votes  of  all  the  inhabitants  of  such  towns,  &  parishes  present  &  quali- 
fied to  vote  for  Senators,  &  shall  sort  &  count  the  same  in  the  meeting 
&  in  presence  of  the  town  clerk,  who  shall  make  a  fair  record  in  open 
meeting,  of  the  name  of  every  person  voted  for,  &  the  number  of  votes 
against  his  name,  &  a  fair  copy  of  this  record  shall  be  attested  by  the 
Town  Clerk,  &  shall  be  sealed  up  &  directed  to  the  counters  of  the  Dis- 
trict with  a  superscription  expressing  the  purport  thereof,  &  delivered 
by  said  Clerk  to  the  counters  of  the  District  in  which  such  town  or 
parish  is,  on  or  before  the  second  Wednesday  of  April  next  following 
such  town  meeting. 

Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  Senator,  who  is  not  seized  of  a  freehold  estate,  in  his  own 
right,  of  the  value  of  two  hundred  pounds,  lying  within  this  State,  who 
is  not  of  the  age  of  thirty  years,  and  who  shall  not  have  been  an  in- 
habitant of  this  State  for  seven  years  immediately  preceding  his  elec- 
tion, and  at  the  time  thereof  he  shall  be  an  inhabitant  of  the  district 
for  which  he  shall  be  chosen. 

And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  Constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  Senators,  in 
the  plantations  and  places  wherein  they  reside,  as  the  inhabitants  of  the 
respective  towns  and  parishes  aforesaid  have.  And  the  meetings  of 
such  plantations  and  places  for  that  purpose,  shall  be  holden  every  sec- 
ond year  in  the  month  of  March,  at  such  places  respectively  therein  as 
the  assessors  thereof  shall  direct ;  which  assessors  shall  have  like  au- 
thority for  notifying  the  electors,  collecting  and  returning  the  votes,  as 
the  Selectmen  and  Town  Clerks  have  in  their  several  towns  by  this 
Constitution. 

In  case  there  shall  not  appear  by  the  returns  to  the  counters  to  be  a 
Senator  elected  by  a  majority  of  votes  for  any  district,  the  counters  of 
that  district  shall  take  the  names  of  the  two  persons  who  shall  have  the 
highest  number  of  votes,  &  the  number  of  votes  that  each  of  them 
shall  have,  &  certify  &  deliver  the  same  to  the  Selectmen  of  each  town 
and  parish,  &  the  assessors  of  unincorporated  places  in  such  District, 
within  eight  days  after  the  counting  thereof;  and  it  shall  be  the  duty  of 
said  Selectmen  and  assessors  respectively  to  warn  a  meeting  of  the  in- 
habitants qualified  to  vote  for  Senators,  to  be  held  within  fifteen  days 
after  the  expiration  of  said  eight  days,  giving  at  least  twelve  days  notice, 
to  elect  one  person  out  of  the  two  returned  as  aforesaid  to  be  Senator 
for  the  District.  And  the  several  town  clerks  «&  assessors  in  said  Dis- 
trict shall,  within  eight  days  after  the  expiration  of  said  fifteen  days, 
return  a  fair  attested  copy  of  the  record  of  the  number  of  votes  in  the 
towns,  parishes  &  places  in  the  District,  to  the  counters  of  said  District ; 
and  the  counters  shall,  on  the  ninth  or  tenth  day  after  the  expiration  of 
said  fifteen  days,  meet  &  as  soon  as  may  be,  sort  &  count  the  votes,  de- 
clare the  choice  &  notify  the  person  elected. 

And  in  case  it  shall  so  happen,  that  two  or  more  persons,  having  the 
highest  number  of  votes,  shall  have  an  equal  number,  the  counters  shall, 


80  STATE   OF   NEW   HAMPSHIRE, 

by  lot  determine  which  of  them  shall  be  sent  to  the  people.  And  if  it 
should  so  happen,  that  from  the  returns  from  the  meetings  held  to  com- 
pleat  the  elections,  that  the  two  persons  voted  for  should  have  an  equal 
number  of  votes,  the  counters  shall  by  lot  determine  which  of  them  shall 
be  Senator  for  such  District  &  notify  him  accordingly. 

All  intermediate  vacancies  that  may  happen  in  the  Senate,  shall,  from 
time  to  time  be  filled  up  in  the  same  manner  as  the  first  elections  are 
directed  to  be  made ;  the  Governor  appointing  the  time  for  holding  the 
meetings  for  that  purpose. 

The  Senate  shall  be  final  judges  of  the  elections,  returns,  and  qualifi- 
cations, of  their  own  members,  as  pointed  out  in  this  Constitution. 

The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time. 

Provided  ?ievertheless,  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they  may 
think  proper,  although  the  Legislature  be  not  assembled  on  such  day, 
or  at  such  place. 

The  Senate  shall  appoint  their  own  officers,  and  determine  their  own 
rules  of  proceedings :  And  not  less  than  seven  members  of  the  Senate 
shall  make  a  quorum  for  doing  business  ;  and  when  less  than  eight  Sen- 
ators shall  be  present,  the  assent  of  five,  at  least,  shall  be  necessary,  to 
render  their  acts  and  proceedings  valid. 

The  Senate  shall  be  a  Court,  with  full  power  and  authority  to  hear 
and  determine  all  impeachments  made  by  the  House  of  Representatives 
against  any  officer  or  officers  of  the  State,  for  mis-conduct  or  mal  ad- 
ministration, in  their  offices.  But  previous  to  the  trial  of  any  such  im- 
peachment, the  members  of  the  Senate  shall  respectively  be  sworn  truly 
and  impartially  to  try  and  determine  the  charge  in  question,  according 
to  evidence.  Their  judgment,  however,  shall  not  extend  further  than 
removal  from  office,  disqualification  to  hold  or  enjoy  any  place  of  hon- 
or, trust,  or  profit,  under  this  State ;  but  the  party,  so  convicted,  shall 
nevertheless  be  liable  to  indictment,  trial,  judgment,  and  punishment, 
according  to  the  laws  of  the  land. 

Every  officer  whilst  under  an  impeachment,  shall  be  suspended  from 
the  exercise  of  the  duties  of  his  office  ;  but  the  trial  shall  be  as  speedy 
as  the  nature  of  the  case  will  admit. 


HOUSE  OF  REPRESENTATIVES. 

THERE  shall  be,  in  the  Legislature  of  this  State,  a  representation  of 
the  people,  annually  elected,  and  founded  upon  principles  of  equality : 
And,  in  order  that  such  representation  may  be  as  equal  as  circumstances 
will  admit,  every  town,  parish,  or  place  entitled  to  town  privileges,  hav- 
ing one  hundred  and  fifty  rateable  male  polls,  of  twenty-one  years  of  age, 
and  upwards,  may  elect  one  Representative  ;  if  four  hundred  and  fifty 
rateable  polls,  may  elect  two  Representatives ;  and  so  proceeding,  in 
that  proportion,  making  three  hundred  such  rateable  polls  the  mean 
increasing  number,  for  every  such  additional  Representative. 

Provided,  nevertheless.  That  whenever  the  number  of  members  of 
the  House  of  Representatives  shall  exceed  one  hundred  and  ten,  it 
shall  be  the  duty  of  the  Legislature  to  make  such  arrangements  as  that 
the  members  shall  not  at  any  time  exceed  that  number ;  nor  shall  the 


JOURNAL    OF    CONVENTION.  8l 

towns  &  districts  intitled  to  send  Representatives  at  any  time  be  less 
than  eighty. 

Such  towns,  parishes,  or  places,  as  have  less  than  one  hundred  and 
fifty  rateable  polls,  shall  be  classed  by  the  General  Court,  for  the  pur- 
pose of  chusing  a  Representative,  and  seasonably  notified  thereof. 
And  in  every  class,  formed  for  the  above-mentioned  purpose,  the  first 
annual  meeting  shall  be  held  in  the  town,  parish,  or  place,  wherein  most 
of  the  rateable  polls  reside  ;  and  afterwards  in  that  which  has  the  next 
highest  number ;  and  so  on  annually,  by  rotation,  through  the  several 
towns,  parishes,  or  places,  forming  the  district. 

Whenever  any  town,  parish,  or  place,  intitled  to  town  privileges,  as 
aforesaid,  shall  not  have  one  hundred  and  fifty  rateable  polls,  and  be  so 
situated  as  to  render  the  classing  thereof  with  any  other  town,  parish, 
or  place,  very  inconvenient,  the  Legislature  may,  upon  application  of  a 
majority  of  the  voters  in  such  town,  parish,  or  place,  issue  a  writ  for 
their  electing  and  sending  a  Representative  to  the  General  Court. 

The  members  of  the  House  of  Representatives  shall  be  chosen  annu- 
ally, in  the  month  of  March,  and  shall  be  the  second  branch  in  the 
Legislature. 

All  persons,  qualified  to  vote  in  the  election  of  Senators,  shall  be  en- 
titled to  vote,  within  the  town,  district,  parish,  or  place  where  they  dwell, 
in  the  choice  of  Representatives.  Every  member  of  the  House  of  Rep- 
resentatives shall  be  chosen  by  ballot ;  and  for  two  years,  at  least,  next 
preceding  his  election,  shall  have  been  an  inhabitant  of  this  State ; 
shall  have  an  estate  within  the  district  which  he  may  be  chosen  to  rep- 
resent, of  the  value  of  one  hundred  pounds,  one  half  of  which  to  be  a 
freehold,  whereof  he  is  seized  in  his  own  right ;  shall  be,  at  the  time  of 
his  election,  an  inhabitant  of  the  district  he  may  be  chosen  to  repre- 
sent ;  and  shall  cease  to  represent  such  district  immediately  on  his 
ceasing  to  be  qualified  as  aforesaid. 

The  members  of  both  Houses  of  the  Legislature  shall  be  compensat- 
ed for  their  services  out  of  the  treasury  of  tlie  State,  by  a  law  made 
for  that  purpose ;  such  members  attending  seasonably,  and  not  depart- 
ing without  licence.  All  vacancies,  in  the  House  of  Representatives, 
may  be  filled  up,  at  any  time  in  the  year  as  occasion  may  require. 

The  House  of  Representatives  shall  be  the  Grand  Inquest  of  the 
State  ;  and  all  impeachments  made  by  them,  shall  be  heard  and  tried 
by  the  Senate. 

All  money  bills  shall  originate  in  the  House  of  Representatives ;  but 
the  Senate  may  propose,  or  concur  with,  amendments,  as  on  other  bills. 

The  House  of  Representatives  shall  have  power  to  adjourn  them- 
selves, but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  House  of  Representatives  shall  be 
a  quorum  for  doing  business  :  But  when  less  than  two   thirds  of  the 
Representatives  elected  shall  be  present,  the  assent  of  two  thirds  of 
those  members  shall  be  necessary  to  render  their  acts  and  proceedings 
valid. 

No  member  of  the  House  of  Representatives,  or  Senate,  shall  be  ar- 
rested, or  held  to  bail,  on  mean  process,  during  his  going  to,  returning 
from,  or  attendance  upon,  the  Court. 

The  House  of  Representatives  shall  be  judges  of  the  returns,  elections 
&  qualifications  of  its  members,  as  pointed  out  in  this  constitution ;: 
choose  their  own  Speaker,  appoint  their  own  officers  &  settle  the  rules 

6 


82  STATE    OF   NEW    HAMPSHIRE. 

of  proceedings  in  their  own  house.  They  shall  have  authority  to  punish, 
by  imprisonment,  every  person  who  shall  be  guilty  of  disrespect  to  the 
House,  in  its  presence,  by  any  disorderly  and  contemptuous  behavior, 
or  by  threatening,  or  ill  treating,  any  of  its  members  ;  or  by  obstruct- 
ing its  deliberations ;  every  person  guilty  of  a  breach  of  its  privileges, 
in  making  arrests  for  debt,  or  by  assaulting  any  member  during  his  at- 
tendance at  any  session ;  in  assaulting  or  disturbing  any  one  of  its  offi- 
cers in  the  execution  of  any  order  or  procedure  of  the  House  ;  in  as- 
saulting any  witness,  or  other  person,  ordered  to  attend,  by  and  during 
his  attendance  of  the  House ;  or  in  rescuing  any  person  arrested  by 
order  of  the  House,  knowing  them  to  be  such.  The  Governor,  Senate, 
and  Council,  shall  have  the  same  powers  in  like  cases :  provided,  that 
no  imprisonment  by  either,  for  any  offence,  exceed  ten  days. 

The  journals  of  the  proceedings  of  both  Houses  of  the  General  Court, 
shall  be  printed  and  published  immediately  after  every  adjournment  or 
prorogation ;  and  shall  contain  all  Acts  &  Resolves,  &  also  votes  for 
raising,  granting  &  appropriating  public  monies  ;  and  upon  motion  made 
by  any  one  member,  the  yeas  and  nays,  upon  any  question,  shall  be 
taken  &  entered  upon  the  journals  :  And  any  member  of  the  Senate,  or 
House  of  Representatives,  or  Council,  shall  have  a  right,  on  motion 
made  at  the  time  for  that  purpose,  to  have  his  protest,  or  dissent,  with 
the  reasons,  against  any  vote,  resolve,  or  bill,  passed,  entered  on  the 
journals. 


EXECUTIVE   POWER. 


GOVERNOR. 


There  shall  be  a  Supreme  Executive  Magistrate,  who  shall  be  stiled 
The  Governor  of  the  State  of  New  Hampshire  ;  and#v'hose  title  shall 
be  His  Excellency. 

The  Governor  shall  be  chosen  annually,  and  no  person  shall  be  eligi- 
ble to  this  office,  unless  at  the  time  of  his  election,  he  shall  have  been 
an  inhabitant  of  this  State  for  seven  years  next  preceding ;  &  unless  he 
shall  be  of  the  age  of  thirty  years ;  &  unless  he  shall  at  the  same  time 
have  an  estate  of  the  value  of  five  hundred  pounds,  one  half  of  which 
shall  consist  of  a  freehold,  in  his  own  right,  within  the  State. 

Those  persons  qualified  to  vote  for  Senators  and  Representatives, 
shall,  within  the  several  towns,  parishes  or  places  where  they  dwell,  at 
a  meeting  to  be  called  for  that  purpose,  some  day  in  the  month  of 
March  annually,  give  in  their  votes  for  a  Governor,  to  the  Moderator 
who  shall  preside  at  such  meeting ;  &  the  Clerk  in  the  presence  &  with 
the  assistance  of  the  moderator  shall,  in  open  meeting,  sort  &  count 
the  votes,  and  form  a  list  of  the  persons  voted  for,  with  the  number  of 
votes  for  each  person  against  his  name,  &  shall  make  a  fair  record  of 
the  same  in  the  town  books,  &  a  public  declaration  thereof  in  the  said 
meeting;  and  shall,  in  the  presence  of  said  inhabitants  seal  up  a  copy 
of  said  list  attested  by  him,  &  transmit  the  same  to  the  Sheriff  of  the 
County,  thirty  days  at  least  before  the  third  Wednesday  of  September, 
or  shall  cause  returns  of  the  same  to  be  made  to  the  office  of  the  Sec- 
retary of  the  State,  seventeen  days  at  least  before  said  day,  who  shall 
lay  the  same  before  the  Senate  &  House  of  Representatives  on  the 
third  Wednesday  of  September,  to  be  by  them  examined :  And  in  case 


JOURNAL    OF    CONVENTION.  83 

of  an  election  by  a  majority  of  votes  through  the  State,  the  choice  shall 
be  by  them  declared  &  published  ;  but  if  no  person  shall  have  a  major- 
ity of  votes,  the  House  of  Representatives  shall,  by  ballot,  elect  two 
out  of  four  persons  who  had  the  highest  number  of  votes,  if  so  many 
shall  have  been  voted  for;  but  if  otherwise,  out  of  the  number  voted 
for,  &  make  return  to  the  Senate  of  the  two  persons  so  elected ; — on 
which  the  Senate  shall  proceed  by  ballot  to  elect  one  of  them  who  shall 
be  declared  Governor. 

The  Governor  with  advice  of  Council,  shall  have  full  power  &  author- 
ity in  the  recess  of  the  General  Court,  to  prorogue  the  same  from  time 
to  time,  not  exceeding  ninety  days  in  any  one  recess  of  said  Court; 
and  during  the  session  of  said  Court  to  adjourn  or  prorogue  it  to  any 
time  the  two  houses  may  desire,  &  to  call  it  together  sooner  than  the 
time  to  which  it  may  be  adjourned  or  prorogued,  if  the  welfare  of  the 
State  may  require  the  same. 

In  cases  of  disagreement  between  the  two  Houses,  with  regard  to 
the  time  of  adjournment  or  prorogation,  the  Governor,  with  advice  of 
Council,  shall  have  a  right  to  adjourn  or  prorogue  the  General  Court, 
not  exceeding  ninety  days  at  any  one  time,  as  he  may  determine  the 
public  good  may  require,  and  he  shall  dissolve  the  same  seven  days  be- 
fore the  said  third  Wednesday  of  September. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the  place 
where  the  said  Court  at  any  time  is  to  convene,  or  any  other  cause, 
whereby  dangers  may  arise  to  the  health  or  lives  of  the  members  from 
their  attendance,  the  Governor  may  direct  the  session  to  be  holden  at 
some  other  the  most  convenient  place  within  the  State. 

The  Governor  of  this  State  for  the  time  being  shall  be  commander  in 
chief  of  the  army  and  navy,  and  all  the  military  forces  of  the  State,  by 
sea  and  land  ;  and  shall  have  full  power  by  himself,  or  by  any  chief  com- 
mander, or  other  officer,  or  officers,  from  time  to  time,  to  train,  instruct, 
exercise  and  govern  the  militia  and  navy  ;  and  for  the  special  defence  and 
safety  of  this  State,  to  assemble  in  martial  array,  and  put  in  warlike 
posture,  the  inhabitants  thereof,  and  to  lead  and  conduct  them,  and 
with  them  to  encounter,  expulse,  repel,  resist  and  pursue  by  force  of 
arms,  as  well  by  sea  as  by  land,  within  and  without  the  limits  of  this 
State ;  and  also  to  kill,  slay,  destroy,  if  necessary,  and  conquer  by  all 
fitting  ways,  enterprize  and  means,  all  and  every  such  person  and  per- 
sons as  shall,  at  any  time  hereafter,  in  a  hostile  manner,  attempt  or  en- 
terprize the  destruction,  invasion,  detriment  or  annoyance  of  this  State  ; 
and  to  use  and  exercise  over  the  army  and  navy,  and  over  the  militia  in 
actual  service,  the  law-martial  in  time  of  war,  invasion,  and  also  in  re- 
bellion, declared  by  the  Legislature  to  exist,  as  occasion  shall  necessa- 
rily require  :  And  surprize,  by  all  ways  and  means  whatsoever,  all  and 
every  such  person  or  persons,  with  their  ships,  arms,  ammunition,  and 
other  goods,  as  shall  in  a  hostile  manner  invade,  or  attempt  the  invad- 
ing, conquering,  or  annoying  this  State :  And  in  fine,  the  Governor 
hereby  is  entrusted  with  all  other  powers  incident  to  the  office  of  Cap- 
tain-General and  Commander  in  Chief,  and  Admiral,  to  be  exercised 
agreeably  to  the  rules  and  regulations  of  the  Constitution,  and  the  laws 
of  the  land  :  Provided,  that  the  Governor  shall  not,  at  any  time  hereaf- 
ter, by  virtue  of  any  power  by  this  Constitution  granted,  or  hereafter  to 
be  granted  to  him  by  the  Legislature,  transport  any  of  the  inhabitants 
of  this  State,  or  oblige  them  to  march  out  of  the  limits  of  the  same. 


84  STATE   OF   NEW   HAMPSHIRE. 

without  their  free  and  voluntary  consent,  or  the  consent  of  the  General 
Court,  nor  grant  commissions  for  exercising  the  law-martial  in  any  case, 
without  the  advice  and  consent  of  the  Council. 

The  power  of  pardoning  offences,  except  such  as  persons  may  be  con- 
victed of  before  the  Senate,  by  impeachment  of  the  House,  shall  be  in 
the  Governor,  by  and  with  the  advice  of  the  Council :  But  no  charter 
of  pardon  granted  by  the  Governor,  with  advice  of  Council,  before  con- 
viction, shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  or  particular  expressions  contained  therein,  descriptive  of  the 
offence  or  offences  intended  to  be  pardoned. 

All  judicial  officers,  the  Attorney  General,  Solicitors,  all  Sheriffs, 
Coroners,  Registers  of  Probate,  and  all  officers  of  the  navy,  and  general 
and  field  officers  of  the  militia,  shall  be  nominated  and  appointed  by 
the  Governor  and  Council ;  and  every  such  nomination  shall  be  made 
at  least  three  days  prior  to  such  appointment ;  and  no  appointment  shall 
take  place,  unless  a  majority  of  the  Council  agree  thereto.  The  Gov- 
ernor and  Council  shall  have  a  negative  on  each  other,  both  in  the 
nominations  and  appointments.  The  yeas  &  nays  both  of  the  Governor 
&  Council  present,  shall  on  all  nominations  &  appointments  be  entered 
on  the  Journals  of  the  Council.  The  Captains  and  subalterns  in  the  re- 
spective regiments  shall  be  nominated  by  the  field  officers,  &:  if  approved 
by  the  Governor,  shall  be  appointed  by  him. 

No  officer  duly  commissioned  to  command  in  the  militia,  shall  be  re- 
moved from  his  office,  but  by  the  address  of  both  Houses  to  the  Gov- 
ernor, or  by  fair  trial  in  court  martial,  pursuant  to  the  laws  of  the  State 
for  the  time  being. 

The  commanding  officers  of  the  regiment  shall  appoint  their  Adju- 
tants and  Quarter  Masters ;  the  Brigadiers,  their  Brigade-Majors ;  the 
Major-Generals,  their  Aids ;  the  Captains  and  Subalterns,  their  non- 
commissioned officers. 

The  division  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  State,  until  the  same  shall 
be  altered  by  some  future  law. 

No  monies  shall  be  issued  out  of  the  treasury  of  this  State,  and  dis- 
posed of,  (except  such  sums  as  may  be  appropriated  for  the  redemption 
of  bills  of  credit,  or  Treasurer's  notes,  or  for  the  payment  of  interest 
arising  thereon)  but  by  warrant  under  the  hand  of  the  Governor  for 
the  time  being,  by  and  with  the  advice  and  consent  of  the  Council,  for 
the  necessary  support  and  defence  of  this  State,  and  for  the  necessary 
protection  and  preservation  of  the  inhabitants  thereof,  agreeably  to  the 
acts  and  resolves  of  the  General  Court. 

All  public  boards,  the  Commissary-General,  all  superintending  officers 
of  public  magazines  and  stores,  belonging  to  this  State,  and  all  com- 
manding officers  of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially,  and  without  requisition,  and  at  other 
times  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon,  with  their  appendages, 
and  small  arms,  with  their  accoutrements,  and  of  all  other  public  proper- 
ty under  their  care  respectively ;  distinguishing  the  quantity  and  kind 
of  each,  as  particularly  as  may  be ;  together  with  the  condition  of 
such  forts  and  garrisons :  And  the  commanding  officer  shall  exhibit  to 
the  Governor,  when  required  by  him,  true  and  exact  plans  of  such  forts, 
and  of  the  land  and  sea,  or  harbor  or  harbors  adjacent. 


JOURNAL    OF    CONVENTION.  85 

The  Governor  and  Council  shall  be  compensated  for  their  services, 
from  time  to  time,  by  such  grants  as  the  General  Court  shall  think  rea- 
sonable. 

Permanent  and  honorable  salaries  shall  be  established  by  law,  for  the 
Justices  of  the  Supreme  Court. 

LIEUTENANT  GOVERNOR. 

There  shall  be  annually  elected  in  the  month  of  March,  a  Lieutenant 
Governor,  whose  title  shall  be  His  Honor :  And  who  shall  be  qualified 
in  point  of  property  &  residence,  &  elected  in  the  same  manner  as  the 
Governor  is. 

The  qualifications  of  the  electors  shall  be  the  same  as  those  required 
by  this  Constitution  for  the  election  of  Senators. 

The  Lieutenant  Governor,  when  the  Governor  is  in  the  chair,  shall  be 
President  of  the  Senate,  &:  have  a  casting  vote  in  case  of  a  tie. 

Whenever  the  chair  of  the  Governor  shall  be  vacant,  by  reason  of  his 
death,  absence  from  the  State,  or  otherwise,  the  Lieutenant  Governor 
shall,  during  such  vacancy,  have  &  exercise  all  the  powers  &  authorities 
which  by  this  Constitution  the  Governor  is  vested  with  when  personally 
present. 


COUNCIL. 


THERE  shall  be  annually  elected,  by  ballot,  five  Councillors,  for  ad- 
vising the  Governor  in  the  executive  part  of  government.  The  free- 
holders and  other  inhabitants  in  each  county,  qualified  to  vote  for  Sen- 
ators, shall,  some  time  in  the  month  of  March,  give  in  their  votes  for 
one  Councillor ;  [The  number  of  votes  for  Councillors  shall  be  returned 
to  the  Secretary  of  the  State,  in  like  manner  as  the  votes  for  Governor. 
The  Secretary  &  Treasurer  of  the  State,  shall,  untill  the  Legislature  shall 
appoint  other  persons  for  that  purpose,  sort  &  count  the  votes,  make 
a  record  thereof,  &  certify  the  choice,  which  record,  &  the  returns 
from  the  several  towns,  parishes  &  places  shall  be  deposited  in  the  Sec- 
retary's office.] 

[The  foregoing  paragraph  within  brackets  is  crossed  in  the  journal. — 
Ed.] 

And  the  person  having  a  majority  of  votes  in  any  county,  shall  be 
considered  as  duly  elected  a  Councillor :  But  if  no  person  shall  h:\ve  a 
majority  of  votes  in  any  county,  the  Senate  and  House  of  Representa- 
tives shall  take  the  names  of  the  two  persons  who  have  the  highest  num- 
ber of  votes  in  each  county,  and  not  elected,  and  out  of  them  two  shall 
elect,  by  joint  ballot,  the  Councillor  wanting  for  such  county. 

Provided  jievertheless.  That  no  person  shall  be  capable  of  being 
elected  a  Councillor,  who  has  not  an  estate  of  the  value  of  five  hundred 
pounds  within  this  State,  three  hundred  pounds  of  which  (or  more)  shall 
be  a  freehold  in  his  own  right ;  and  who  is  not  thirty  years  of  age  ;  and 
who  shall  not  have  been  an  inhabitant  of  this  State  for  seven  years  im- 
mediately preceding  his  election  ;  and,  at  the  time  of  his  election,  an 
inhabitant  of  the  county  in  which  he  is  elected. 

The  Secretary  shall,  annually,  seventeen  days  before  the  third  Wednes- 
day of  September,  give  notice  of  the  choice  to  the  persons  elected. 


S6  STATE    OF    NEW    HAMPSHIRE. 

If  any  Councillor  shall  be  elected  Governor  or  Lieutenant  Governor, 
or  member  of  either  branch  of  the  Legislature,  and  shall  accept  the 
trust ;  or  if  any  person,  elected  as  Councillor,  shall  refuse  to  accept  the 
office  ;  or  in  case  of  the  death,  resignation,  or  removal  of  any  Councillor 
out  of  the  State  ;  the  Governor  may  issue  a  precept  for  the  election  of  a 
new  Councillor  in  that  county  where  such  vacancy  shall  happen;  and 
the  choice  shall  be  in  the  same  manner  as  before  directed. 

If  any  new  county  shall  hereafter  be  made  in  this  State,  a  Councillor 
shall  be  chosen  therein  in  the  same  manner  as  before  directed. 

The  Governor  shall  have  full  power  and  authority  to  convene  the  Coun- 
cil, from  time  to  time,  at  his  discretion ;  and,  with  them,  or  the  major- 
ity of  them,  may,  and  shall,  from  time  to  time,  hold  a  Council,  for  or- 
dering and  directing  the  affairs  of  the  State,  according  to  the  laws  of 
the  land. 

The  members  of  the  Council  may  be  impeached  by  the  House,  and 
tried  by  the  Senate,  for  mal-conduct. 

The  resolutions  and  advice  of  the  Council  shall  be  recorded  by  the 
Secretary,  in  a  register,  and  signed  by  all  the  members  present  agree- 
ing thereto  ;  and  this  record  may  be  called  for  at  any  time,  by  either 
House  of  the  Legislature;  and  any  member  of  the  Council  may  enter 
his  opinion  contrary  to  the  resolutions  of  the  majority,  with  the  reasons 
for  such  opinion. 

And  whereas  the  elections,  appointed  to  be  made  by  this  Constitu- 
tion, on  the  third  Wednesday  of  September  annually,  by  the  two  Hous- 
es of  the  Legislature,  may  not  be  completed  on  that  day,  the  said  elec- 
tions may  be  adjourned  from  day  to  day,  until  the  same  shall  be  com- 
pleted :  And  the  order  of  the  elections  shall  be  as  follows :  The 
Governor  shall  be  first  elected,  provided  there  should  be  no  choice  of 
him  by  the  people  :  And  afterwards,  the  two  Houses  shall  proceed  to 
fill  up  the  vacancy,  if  any,  in  the  Council. 


SECRETARY,  TREASURER,  COMMISSARY,  &C. 

The  Secretary,  Treasurer,  &  Commissary-General,  shall  be  chosen  by 
joint  ballot  of  the  Senators  and  Representatives  assembled  in  one 
room. 

The  records  of  the  State  shall  be  kept  in  the  office  of  the  Secretary, 
and  he  shall  attend  the  Governor  and  Council,  the  Senate,  and  Repre- 
sentatives, in  person,  or  by  Deputy,  as  they  may  require. 

The  Secretary  of  the  State  shall,  at  all  times,  have  a  Deputy,  to  be 
by  him  appointed  ;  for  whose  conduct  in  office  he  shall  be  responsible  : 
And  in  case  of  the  death,  removal,  or  inability  of  the  Secretary,  his 
Deputy  shall  have  and  exercise  all  the  duties  of  the  office  of  Secretary 
of  this  State,  until  another  shall  be  appointed. 

The  Secretary,  before  he  enters  upon  the  business  of  his  office,  shall 
give  bond,  with  sufficient  sureties,  in  a  reasonable  sum,  for  the  use  of 
the  State,  for  the  punctual  performance  of  his  trust. 


COUNTY  TREASURER,  &C. 

The  County  Treasurer,  &  Registers  of  Deeds  shall  be  elected  by  the 
inhabitants  of  the  several  towns,  in  the  several  Counties  in  the  State, 
according  to  the  method  now  practised,  &  the  laws  of  the  State. 

Provided  nevertheless^  The  Legislature  shall  have  authority  to  alter 


JOURNAL    OF    CONVENTION.  8/ 

the  mode  of  electing  those  officers,  but  not  so  as  to  deprive  the  people 
of  the  right  they  now  have  of  electing  them — &  also  to  divide  the  sev- 
eral Counties  into  as  many  districts,  for  registering  of  deeds,  as  to  them 
shall  appear  necessary,  the  inhabitants  of  each  District  to  elect  a  Reg- 
ister. 

The  County  Treasurers  &  Register  of  deeds,  before  they  enter  upon 
the  business  of  their  offices,  shall  be  respectively  sworn  faithfully  to 
discharge  the  duties  thereof,  &.  shall  severally  give  bond,  with  sufficient 
sureties,  in  a  reasonable  sum,  for  the  use  of  the  County  or  District,  for 
the  punctual  performance  of  their  respective  trusts. 


JUDICIARY   POWER. 

The  Judicial  power  of  the  State  shall  be  vested  in  a  Supreme  Court  of 
Judicature,  except  as  is  hereafter  provided  ;  This  court  shall  consist  of 
one  Chief  Justice,  &  and  not  more  than  nine  nor  less  than  six  Associate 
Justices. 

The  Supreme  Judicial  Court  shall  be  &  they  hereby  are,  fully  author- 
ized and  empowered,  to  grant  new  trials  &  restorations  to  law,  in  all 
cases  where  to  them  it  shall  appear  reasonable. 

The  power  of  hearing  &  determining  causes  in  Equity,  shall,  by  the 
Legislature,  be  vested  in  the  Supreme  Judicial  Court,  to  be  limited  and 
defined  by  law ;  and  no  suit  shall  be  sustained  in  Equity,  where  ade- 
quate remedy  may  be  had  in  the  courts  of  law. 

There  shaU  be  a  Court  erected  in  each  county,  to  be  called  the  County 
Court,  to  consist  of  one  Chief  Justice,  &  not  more  than  six  nor  less  than 
four  Associate  Justices,  who  shall  have  all  the  jurisdiction  in  civil  & 
criminal  matters  and  vested  with  all  the  powers  and  authorities  that 
now  appertain  to  the  Courts  of  General  Sessions  of  the  Peace,  and  such 
other  matters  (the  trying  of  civil  suits  excepted)  as  may  be  constitu- 
tionally assigned  to  them  by  the  Legislature,  except  the  raising  County 
taxes,  which  taxes  shall  be  raised  by  the  Representatives  in  each  Coun- 
ty, in  such  manner  as  the  Legislature  shall  direct — appeals  shall  be 
granted  from  said  Courts  to  the  Supreme  Judicial  Court,  as  they  are 
now  allowed  from  the  Courts  of  General  Session  of  the  Peace  to  the  Su- 
perior Court ;  or  in  such  cases  and  manner  as  the  Legislature  may  by 
Law  establish  :  Provided  nevertheless.  That  the  General  Court  shall 
have  authority  to  make  such  other  regulations  by  law  as  shall  be  neces- 
sary for  the  appropriation  of  County  taxes. 

Justices  of  the  Peace  shall  have  the  power  of  hearing  &  determining 
all  actions  wherein  the  sum  demanded  in  damage  does  not  exceed  four 
pounds,  except  those  wherein  the  title  to  things  real  may  be  drawn  in 
question — an  appeal  being  allowed  in  civil  actions  to  the  Supreme  Ju- 
dicial Court,  &  in  criminal  matters  to  the  County  Courts  in  such  cases 
&  manner  as  the  Legislature  shall  by  law  establish. 

The  tenure  that  all  commission  officers  shall  have  by  law  in  their  offi- 
ces, shall  be  expressed  in  their  respective  Commissions.  All  Judicial 
officers,  duly  appointed,  commissioned  &  sworn,  shall  hold  their  offices 
during  good  behavior,  excepting  those  concerning  whom  there  is  a  dif- 
ferent provision  made  in  this  Constitution  :  Provided  nevertheless ,  the 
Governor,  with  consent  of  Council,  may  remove  them  upon  the  Address 
of  both  Houses  of  the  Legislature. 

Each  branch  of  the  Legislature,  as  well  as  the  Governor  »S:  Council, 


8S  STATE   OF    NEW    HAMPSHIRE. 

shall  have  authority  to  require  the  opinions  of  the  Justices  of  the  Su- 
preme Court  upon  important  questions  of  Law,  &.  upon  solemn  occa- 
sions. 

No  person  shall  hold  the  office  of  Judge  of  any  Court  or  sheriff  of  any 
County,  after  he  has  arrived  to  the  age  of  65  years. 

In  order  that  the  people  may  not  suffer  from  the  long  continuance  in 
place  of  any  Justice  of  the  Peace,  who  shall  fail  in  discharging  the  im- 
portant duties  of  his  office  with  ability  &  fidelity,  all  commissions  of 
Justices  of  the  Peace  shall  become  void,  at  the  expiration  of  five  years 
from  their  respective  dates  ;  but  upon  the  expiration  of  any  commission, 
the  same  may,  if  necessary,  be  renewed. 

No  Judge  of  any  Court,  or  Justice  of  the  Peace,  shall  act  as  Attorney, 
or  be  of  council,  to  any  party,  or  originate  any  civil  suit,  in  matters 
that  shall  come  before  him  as  Judge,  or  Justice  of  the  Peace. 

All  matters  relating  to  the  probate  of  wills,  and  granting  letters  of 
administration,  &c.  shall  be  exercised  by  the  Judges  of  Probate,  in  such 
manner  as  the  Legislature  have  directed,  or  may  direct ;  And  the  Judges 
of  Probate  shall  hold  their  Courts  at  such  place  or  places,  on  such 
fixed  days  as  the  convenience  of  the  people  may  require  :  And  the  Leg- 
islature shall  from  time  to  time  hereafter  appoint  such  times  &.  places, 
untill  which  appointments,  the  said  Courts  shall  be  holden  at  the  times 
&  places  which  the  respective  Judges  shall  direct. 

No  Judge  or  Register  of  Probate  of  Wills,  &c.  shall  be  of  Council, 
act  as  Advocate  or  receive  any  fees  as  advocate  or  council,  in  any  pro- 
bate business  that  is  pending,  or  that  may  be  brought  into  any  Court 
of  probate  in  the  county  of  which  he  is  Judge  or  Register. 

All  causes  of  marriage,  divorce  &  alimony,  &  all  appeals  from  the  re- 
spective judges  of  probate,  shall  be  heard  &  tried  by  the  Supreme 
Court,  untill  the  Legislature  shall,  by  Law,  make  other  provision. 

CLERKS   OF   COURTS. 

The  Clerks  of  the  Courts  of  law  shall  be  appointed  by  the  respective 
Courts  during  pleasure  :  And  to  prevent  any  fraud  or  unfairness  in  the 
entries  &  records  of  the  Courts,  no  such  Clerk  shall  be  of  council,  in 
any  cause  in  the  Court  of  which  he  is  Clerk,  nor  shall  he  fill  any  writ 
in  any  civil  action  whatsoever. 


ENCOURAGEMENT  OF  LITERATURE,  &c. 

Knowledge  and  learning,  generally  diffused  through  a  community, 
being  essential  to  the  preservation  of  a  free  government ;  and  spread- 
ing the  opportunities  and  advantages  of  education  through  the  various 
parts  of  the  country,  being  highly  conducive  to  promote  this  end ;  it 
shall  be  the  duty  of  the  legislators  and  magistrates,  in  all  future  periods 
of  this  government,  to  cherish  the  interest  of  literature  and  the  sciences, 
and  all  seminaries  and  public  schools,  to  encourage  private  and  public 
institutions,  rewards  and  immunities  for  the  promotion  of  agriculture, 
arts,  sciences,  commerce,  trades,  manufactures,  and  natural  history  ot 
the  country ;  to  countenance  and  inculcate  the  principles  of  humanity 
and  general  benevolence,  public  and  private  charity,  industry  and  oecon- 
omy,  honesty  and  punctuality,  sincerity,  sobriety,  and  all  social  aftec- 
tions,  and  generous  sentiments,  among  the  people. 


JOURNAL    OF    CONVENTION.  89 

OATH  and  Subscriptions;  Exclnsion  front  Offices;  Commissions; 
Writs ;  Habeas  Corpus ;  the  Enacting  Stile ;  Continuance  of  Officers ; 
Provision  for  a  future  Revision  of  the  Constitution,  &^c. 

Any  person  chosen  Governor,  Lieutenant  Governor,  Councillor,  Sen- 
ator, or  Representative,  military  or  civil  officer,  (town  officers  excepted) 
accepting  the  trust,  shall,  before  he  proceeds  to  execute  the  duties  of 
his  office,  make  and  subscribe  the  following  declaration,  viz. 

I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  faith  and  true  allegiance 
to  the  State  of  New  Hampshire,  and  will  support  the  Constitution  there- 
of. So  help  me  God. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and  affirm,  that  I  will  faith- 
fully and  impartially  discharge  and  perform  all  the  duties  incumbent  on 
me  as  according  to  the  best  of  my  abilities,  agreeably  to  the 

rules  and  regulations  of  this  Constitution,  and  the  Laws  of  the  State  of 
New  Hampshire.  So  help  me  God. 

Provided  always,  When  any  person  chosen  or  appointed  as  aforesaid, 
shall  be  scrupulous  of  swearing,  &  shall  decline  taking  the  said  oaths, 
such  shall  take  »&  subscribe  them,  omitting  the  word  "swear,''  and  like- 
wise the  words,  "So  help  me  God;''  subjoining  instead  thereof,  This  I 
do  2i7ider  tJie  pains  and  penalties  of  perJ2iry . 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance,  and 
the  same  being  filed  in  the  Secretary's  office,  he  shall  not  be  obliged  to 
take  said  oath  again. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
Governor,  before  the  Lieutenant  Governor,  in  the  presence  of  the  Leg- 
islature, and  by  the  Senate  and  Representatives  first  elected  under 
this  Constitution,  as  amended,  and  altered,  before  the  President  and 
three  of  the  Council  of  the  former  Constitution,  and  forever  afterwards 
before  the  Governor  and  Council  for  the  time  being ;  and  by  the  resi- 
due of  the  officers  aforesaid,  before  such  persons,  and  in  such  manner, 
as  from  time  to  time  shall  be  prescribed  by  the  Legislature. 

All  commissions  shall  be  in  the  name  of  the  State  of  New  Hamp- 
shire, signed  by  the  Governor,  and  attested  by  the  Secretary,  or  his 
Deputy,  and  shall  have  the  great  seal  of  the  State  affixed  thereto. 

All  writs  issuing  out  of  the  Clerk's  office  in  any  of  the  Courts  of 
Law,  shall  be  in  the  name  of  the  State  of  New  Hampshire  ;  shall  be 
under  the  seal  of  the  Court  whence  they  issue,  and  bear  test  of  one  of 
the  Justices  of  the  Court  to  which  the  same  shall  be  returnable  ;  and 
be  signed  by  the  Clerk  of  such  Court. 

All  indictments,  presentments,  and  informations,  shall  conclude, 
against  the  peace  and  dignity  of  the  State. 

The  estates  of  such  persons  as  may  destroy  their  own  lives,  shall 
not  for  that  offence  be  forfeited,  but  descend  or  ascend  in  the  same 
manner,  as  if  such  persons  had  died  in  a  natural  way.  Nor  shall  any 
article,  which  shall  accidentally  occasion  the  death  of  any  person,  be 
henceforth  deemed  a  deodand,  or  in  any  wise  forfeited  on  account  of 
such  misfortune. 

The  privilege  and  benefits  of  the  Habeas  Corpus,  shall  be  enjoyed  in 
this  State,  in  the  most  free,  cheap,  expeditious,  and  ample  manner, 
and  shall  not  be  suspended  by  the  Legislature,  except  upon  the  most 
urgent  and  pressing  occasions,  and  for  a  time  not  exceeding  three 
months. 

The  enacting  stile  in  making  and  passing  acts,  statutes,  and  laws. 


go  STATE    OF    NEW   HAMPSHIRE. 

shall  be — B^  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened. 

No  Governor,  Lieutenant  Governor  or  Judge  of  the  Supreme  Judicial 
Court,  shall  hold  any  office  or  place  under  the  authority  of  this  State, 
except  such  as  by  this  Constitution  they  are  admitted  to  hold,  saving 
that  the  Judges  of  the  said  Court  may  hold  the  offices  of  Justice  of  the 
Peace  throughout  the  State  ;  nor  shall  they  hold  any  place  or  office,  or 
receive  any  pension  or  salary,  from  any  other  State,  government,  or 
power,  whatever. 

No  person  shall  be  capable  of  exercising,  at  the  same  time,  more 
than  one  of  the  following  offices  within  this  State,  viz.  Judge  of  Pro- 
bate, Sheriff,  Register  of  Deeds  ;  and  never  more  than  two  offices  of 
profit,  which  may  be  held  by  appointment  of  the  Governor,  or  Governor 
and  Council,  or  Senate  and  House  of  Representatives,  or  Supreme  judi- 
cial or  Inferior  Courts ;  military  offices,  and  offices  of  Justices  of  the 
Peace,  excepted. 

No  person  holding  the  office  of  Judge  of  any  Court,  Secretary,  Treas- 
urer of  the  State,  Attorney-General,  Commissary-General,  military  offi- 
cers receiving  pay  from  the  continent  or  this  State,  (excepting  officers 
of  the  militia,  occasionally  called  forth  on  an  emergency)  Register  of 
Deeds,  President,  Professor  or  instructor  of  any  college.  Sheriff,  or 
officer  of  the  customs,  including  naval  officers.  Collectors  of  excise, 
Collectors  of  taxes,  members  of  Congress,  or  any  person  holding  any 
office  under  the  government  of  the  United  States,  shall,  at  the  same 
time  hold  the  office  of  Governor,  Lieutenant  Governor,  or  have  a  seat 
in  the  Senate,  or  House  of  Representatives,  or  Council ;  but  their  being 
chosen  or  appointed  to,  and  accepting  the  same,  shall  operate  as  a  res- 
ignation of  his  seat  in  the  chair.  Senate,  House  of  Representatives,  or 
Council ;  and  the  place  so  vacated  shall  be  filled  up. 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  Legislature,  or 
any  office  of  trust  or  importance  under  this  government,  who,  in  the 
due  course  of  law,  has  been  convicted  of  bribery  or  corruption,  in  ob- 
taining an  election  or  appointment. 

No  new  town  or  parish  shall  be  formed  in  whole  or  in  part,  out  of 
any  tovv'n  or  parish  without  the  consent  of  a  major  part  of  the  qualified 
voters  of  such  town  or  parish,  out  of  which  they  are  so  formed,  voting 
upon  the  question  at  a  legal  meeting  held  for  that  purpose. 

All  Judges  of  Courts  and  other  civil  officers,  whose  appointment  is 
vested  in  the  Governor  and  Council  (Justices  of  the  Peace  and  coro- 
ners only  excepted),  shall  be  appointed  and  commissioned  within  one 
year  after  adopting  the  amendments  to  the  Constitution :  and  the  Com- 
missions of  all  such  officers  who  have  been  heretofore  appointed  by 
the  President  and  Council  shall  thereupon  determine  and  become  void. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  danger  to  the 
State,  by  the  alterations  and  amendments  made  in  the  Constitution, 
the  General  Court  is  hereby  fully  authorized  and  directed  to  fix  the 
time  when  the  amendments  and  alterations  shall  take  effect,  and  make 
the  necessary  arrangements  accordingly. 

This  form  of  government  shall  be  enrolled  on  parchment,  and  de- 
posited in  the  Secretary's  office,  and  be  a  part  of  the  laws  of  the  land  ; 
and  printed  copies  thereof  shall  be  prefixed  to  the  books  containing 
the  laws  of  this  State,  in  all  future  editions  thereof. 

The  Legislature,  whenever  two  thirds  of  both  houses  shall  deem  it 


JOURNAL    OF    CONVENTION.  9I 

necessary,  shall  propose  amendments,  or  on  the  application  of  a  ma- 
jority of  the  incorporated  towns  and  parishes  within  this  State,  shall 
call  a  Convention  for  proposing  amendments,  which  in  either  case, 
shall  be  valid  to  all  intents  and  purposes  as  part  of  this  Constitution, 
when  approved  of  by  a  majority  of  the  qualified  voters  present  and 
voting  in  town  meetings  on  the  question. 

[Journal  resumed — p.  SS.'] 

Proceeded  to  take  up  the  report  of  the  Committee  and 
considered  the  same  paragraph  by  paragraph ;  and  in  order 
for  a  free  and  full  discussion  thereof,  Convention  resolved 
themselves  into  a  Committee  of  the  whole :  The  Honb^  Nath^ 
Peabody  Esq'^".  appointed  chairman,  who  took  the  chair :  They 
then  proceeded  to  a  consideration  of  the  report. 

The  first  proposed  amendment  was  in  the  19^^  Article  of 
the  Bill  of  Rights,  which  was  read  and  no  debate  thereon 
[see  marg.  p.  46]. 

The  second  was  in  the  20^^^  Article  of  the  said  Bill  of 
Rights,  which  was  read :  The  proposed  alteration  was  in  the 
following  words:  "And  also  in  Actions  where  the  sum  de- 
manded in  Damages  shall  not  exceed  twenty  shillings ;" — 
and  after  much  debate  the  question  was  put.  Whether  said 
alteration  shall  stand  in  said  article  as  reported  ; — which  was 
determined  in  the  negative.  Some  words  were  then  pro- 
posed as  a  substitute,  but  were  not  accepted. 

The  Committee  then  rose  with  leave  to  sit  again;  and  the 
President  took  the  chair  &  the  Committee  reported  progress. 
[p.  89.]     Adjourned  to  9  o'clock  to-morrow  morning. 

Friday,  Feb^'  I0*^  1792. 

Convention  met  according  to  adjournment.  After  read- 
ing the  Journal  of  yesterday  &c.  proceeded  in  Com^*^*-'  of  the 
whole:  The  chairman  having  taken  the  chair. 

Resumed  the  consideration  of  the  20^''  article  of  the  Bill 
of  Rights,  and  after  some  debate  motion  was  made  to  post- 
pone the  further  consideration  thereof  for  the  present — 
which  passed  in  the  affirmative. 

The  next  proposed  amendment  was  for  a  thirty-ninth  Ar- 
ticle in  the  bill  of  Rights  in  the  following  words:  "Beasts  of 
the  plough  not  exceeding  a  yoke  of  oxen  or  a  horse,  Instru- 
ments of  Husbandry,  and  the  necessary  tools  of  a  man's 
trade,  shall  not  be  liable  to  be  distrained,  attached  or  taken 
in  Execution  for  Debt,  unless  by  the  person  who  furnished 
them." 

After  some  debate  the  question  was  put,  Shall  this  be 


92  STATE    OF   NEW   HAMPSHIRE. 

accepted  as  an  article  of  the  Bill  of  Rights  ?   Voted  in  the 
negative. 

The  next  proposed  amendment  was  in  the  second  para- 
graph under  the  head  General  Court: — which  was  to 
make  the  paragraph  read  thus:  "The  Senate  and  House 
shall  assemble  every  year  on  the  third  Wednesday  of  Sep- 
tember, and  at  such  other  times  as  they  may  judge  neces- 
sary, and  shall  dissolve  and  be  dissolved  seven  days  next 
preceding  the  said  third  Wednesday  of  September,  and  shall 
be  stiled  the  General  Court  of  New  Hampshire" — which 
[p.  90.]  being  read  and  considered  and  after  some  debate,  the 
question  was  put.  Shall  the  word  September  stand  in  the  re- 
port?    Voted  in  the  negative. 

Motion  was  then  made  to  insert  the  word  November : — 
but  the  motion  was  lost. 

Motion  was  then  made  that  the  word  January  be  inserted, 
and  the  word  "  third  "  be  struck  out,  that  it  might  read  the 
first  Wednesday  in  January :  but  the  motion  was  lost. 

Motion  was  then  made  that  the  last  mentioned  paragraph 
of  the  report  be  postponed  to  make  way  for  the  following : 
Shall  there  be  any  alteration  made  in  the  time  for  the  first 
meeting  of  the  General  Court .'' — which  motion  prevailed. 

The  question  was  then  put.  Shall  there  be  any  alteration 
made  in  the  time  for  the  first  meeting  of  the  General  Court } 
To  determine  which   the  yeas   and   nays  were   called,  and 
were  as  follows,  viz. : 
[p.  91.]    49  Yeas — 50  Nays.    So  no  alteration  is  to  be  made. 

Proceeded  to  the  Report  under  the  head  President 
[see  margin,  p.  55]  or  Governor.  The  first  paragraph  pro- 
posed to  be  altered  to  read  as  follows,  (viz.)  The  word 
**  President"  shall  be  struck  out  and  Governor  inserted  in  all 
the  sections  where  the  President  is  named  :  which  report 
was  read  and  considered,  received  and  accepted, 
[p.  92.]  The  next  amendment  that  took  place  was  in  the 
following  words  :  "  But  if  no  person  shall  have  a  majority  of 
votes,  the  Senate  and  House  of  Representatives  shall  by 
joint  Ballot  elect  one  of  the  two  persons  having  the  highest 
number  of  votes  who  shall  be  declared  Governor." 

The  Committee  then  rose  with  leave  to  sit  again,  and 
the  President  took  the  Chair,  and  the  Committee  reported 
progress. 

The  Convention  then  adjourned  to  3  o'clock  p.  m. 


JOURNAL    OF    CONVENTION.  93 

Met  accordingly. 

Proceeded  to  the  first  paragraph  under  the  Head  Gen- 
eral Court. 

Two  alterations  were  proposed,  but  neither  obtained,  and 
it  was  voted  to  postpone  the  consideration  of  said  proposed 
alterations  for  the  present. 

They  then  proceeded  to  the  paragraphs  under  the  head 
Governor.  The  second  paragraph  was  read  and  not  de- 
bated. 

The  third  paragraph  as  reported  was  read  and  received  so 
far  as  to  the  words  above  mentioned,  *'  but  if  no  person 
[p.  93.]     shall  have  a  majority,"  &c. 

The  fourth  paragraph  was  received  with  the  alteration 
from  *'  ninety  days"  to  "  seven  months,"  and  with  an  altera- 
tion fixing  the  place  to  which  the  Governor  shall  adjourn 
the  Court  in  cases  of  disagreement  between  the  two  Branch- 
es &c.  to  meet  at  the  place  where  the  General  Court  should 
be  at  that  time  sitting.  The  remainder  of  the  paragraphs 
were  accepted  as  far  as  to  the  one  beginning  thus  :  "  The 
Gov'ernor  and  Council  shall  be  compensated,"  &c. 

The  Committee  then  rose  with  leave  to  sit  again,  and 
the  President  took  the  Chair,  and  the  Committee  reported 
progress. 

The  Convention  then  adjourned  to  9  o'clock  to-morrow 
mornS. 

Saturday,  Feb^  II*^  1792. 
The  Convention  met  according  to  adjournment.  After 
reading  the  Journal  &c.  proceeded  in  Committee  (The 
Chairman  in  the  Chair)  to  the  consideration  of  the  para- 
graph. The  Governor  and  Council,  &c.  And  was  Voted 
to  stand  thus  :  The  Governor  and  Council  shall  have  a  com- 
pensation for  their  services,  to  be  fixed  annually  by  the 
General  Court  early  at  their  first  session,  which  shall  not  be 
[p.  94.]  increased  or  diminished  during  the  time  for  which 
the  Governor  and  Council  shall  have  been  elected. 

The  next  paragraph  was  read  respecting  Salaries  to  the 
Judges  of  the  Supreme  Court,  but  not  debated. 

Proceeded  to  the  Report  under  the  head,  Lieut.  Governor, 
but  it  was  not  accepted. 

Nextly,  proceeded  to  consider  of  the  Report  respecting 
the  Governor's  power  in  legislation,  or  otherwise  the  nega- 
tive that  the  Governor  may  have  on  the  Acts  of  the  Legis- 
lature;— which  is  placed  under  the  head 


94  state  of  new  hampshire. 

General  Court. 

The  Report  was  accepted  with  this  alteration  that,  On 
the  return  of  a  Bill  by  the  Governor  for  reconsideration,  it 
shall  require  two  thirds  of  both  Houses  instead  of  four 
sevenths  of  one  and  a  majority  of  the  other, — as  reported. 

The  next  paragraph  in  the  report  respecting  the  Gov- 
ernor's negative  on  a  Resolve  Avas  accepted. 

The  next  paragraph  respecting  a  member  taking  fees, 
[p.  95.]  being  of  Council  &c.  was  accepted. 

Instead  of  the  next  paragraph  reported,  the  following  was 
substituted  : — The  doors  of  the  Galleries  of  each  house  of 
the  Legislature  shall  be  kept  open  to  all  persons  who  behave 
decently,  except  when  the  welfare  of  the  State,  in  the  opin- 
ion of  either  branch  shall  require  secrecy. 

Proceeded  to  the  Report  under  the  head 

Senate, 

and  Voted  that  the  word  "twelve"  be  erased  &  the  word 
thirteen  inserted  in  the  first  and  second  paragraphs,  but  did 
not  finish  the  debate  on  the  first  paragraph  respecting  elect- 
ing the  Senate  for  two  years.  The  Committee  rose  with 
leave  to  sit  again,  and  the  President  took  the  Chair  and  the 
Committee  reported  progress. 

Convention  then  adjourned  to  Monday  next  at  3  o'clock, 
p.  M. 

Monda}^,  Feb^'  13^^^  1792. 

Convention  met  according  to  adjournment. 

After  reading  the  Journal  &c.  The  Chairman  took  the 
Chair  and  in  Committee  of  the  whole  proceeded  to  the  con- 
sideration of  the  Senators  being  chosen  for  two  years,  and 
being  divided  into  two  classes,  and  dismissing  seven  the 
first  year,  and  filling  up  the  vacancies  from  the  same  dis- 
tricts, and  dismissing  the  remainder  the  next  year,  and  fill 
[p.  96.]  up  the  vacancies  from  the  districts  in  which  they 
were  chosen,  and  so  on  annually  by  rotation :  &  after  some 
debate  the  foregoing  proposition  was  postponed  to  make 
way  for  the  following,  (viz.)  That  in  order  to  render  the 
Senate  Independent  of  and  a  check  upon  the  other  Branch 
of  the  Legislature,  and  that  they  may  indeed  be  the  rep- 
resentatives of  the  People,  the  choice  of  the  Senate  ought 
to  be  completed  by  the  People  themselves,  and  not  by  the 
medium  of   the  House  of   Representatives ;  and  Senators 


JOURNAL    OF    CONVENTION.  95 

elected  as  has  been  heretofore  practised  : — which  last  prop- 
osition was  determined  by  yeas  &  nays,  and  are  as  follows ; — 

44  yeas — 45  nays.     So  it  was  negatived. 

The  foregoing  proposition  was  then  tried  and  rejected. 

In  the  third  clause  reported,  the  word  "biennially"  to  be 
erased  and  the  word  annually  inserted. 

In  the  fourth  clause,  the  words,  "Every  second  year"  be 
erased  and  that  the  word  annually  [be]  inserted. 

On  the  words  in  said  fourth  clause  "paying  for  himself  or 
liable  to  pay  a  poll  tax  or  the  amount  thereof,"  some  debate 
ensued  and  a  Committee  was  chosen  to  report  thereon ;  the 
Committee  were  Mr.  Thompson,  Mr.  Walker  &  Mr.  Blan- 
chard. 

The  Committee  then  rose  with  leave  to  sit  again,  and  the 
President  took  the  chair  and  the  Committee  reported  prog- 
ress. 

[p.  98.]     Adjourned  to  half  past  8  o'clock  to-morrow  morn- 
ing. 

Tuesday,  Feb^  14"^  1792. 

The  Convention  met  according  to  adjournment.  After 
reading  the  Journal,  &c.  the  chairman  having  taken  the  chair 
proceeded  on  the  report  of  the  Committee :  much  debate  en- 
sued on  a  proposed  clause  in  the  following  words:  "Every 
officer  whilst  under  impeachment  shall  be  suspended  from 
the  exercise  of  the  duties  of  his  office,  but  the  trial  shall  be 
as  speedy  as  the  nature  of  the  case  will  admit:" — but  the 
clause  was  rejected. 

On  debating  the  report  of  the  Sub  Committee  and  the 
matter  to  them  referred,  motion  was  made,  that  the  words 
"paying  for  himself  a  poll  tax"  be  erased,  and  the  words 
"excepting  paupers  &  persons  excused  from  paying  taxes  at 
their  own  request"  be  inserted; — which  motion  prevailed: 
And  that  the  word  "free"  be  inserted  following  the  word 
"every." 

Proceeded  to  the  Report  under  the  head 

General  Court. 

Debated  on  several  proposed  amendments,  but  no  altera- 
tion made  in  the  Constitution. 

The  Committee  rose  with  leave  to  sit  again  and  the  Presi- 
[p.  99.]  dent  took  the  chair.  The  Committee  reported  prog- 
ress. 


96  STATE    OF    NEW    HAMPSHIRE. 

Adjourned  to  half  past  2  o'clock  p.  m.     Met  accordingly. 

Voted,  That  when  the  business  is  gone  through  in  Com- 
mittee of  the  whole,  and  Convention  shall  have  come  to  a 
determination  with  respect  to  any  alteration  that  may  be 
made,  that  the  Secretary  with  William  Plummer  Esq.  ar- 
range the  alterations  that  may  have  taken  place,  by  incor- 
porating said  alterations  into  the  Bill  of  rights  and  Constitu- 
tion in  their  proper  places. 

Proceeded  in  Committee  of  the  whole  (The  chairman  hav- 
ing taken  the  chair)  to  the  consideration  of  the  report  under 
the  head 

General  Court, 

and  the  following  clause  in  the  report  was  rejected,  (viz)  a 
Proviso,  that  when  the  number  of  Representatives  shall 
amount  to  one  hundred  and  ten,  the  Legislature  shall  make 
such  arrangements  as  that  at  no  time  they  shall  exceed  that 
number,  nor  at  any  time  less  than  eighty. 

The  alteration  respecting  filling  up  vacancies  was  also  re- 
jected. 

Proceeded  to  the  report  under  the  head 

Council. 

[p.  100.]  Accepted  the  whole,  with  the  word  "and"  added 
to  the  paragraph  respecting  a  new  County, — till  the  last 
clause  respecting  the  order  of  Elections — which  was  passed 
over  without  a  determination. 

Proceeded  to  the  Report  under  the  head 

Secretary,  Treasurer,  Commissary,  &c. 

the  whole  of  which  was  accepted. 

Proceeded  to  the  Report  under  the  head 

County  Treasurer,  &c. 

which  was  debated  with  respect  to  Registers  of  Deeds, 
but  came  to  no  determination. 

The  Committee  then  rose  with  leave  to  sit  again,  and  the 
President  took  the  chair,  and  the  Committee  reported  prog- 
ress. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Wednesday,  Feb>'  15^^  1792. 

Convention  met  according  to  adjournment.  After  read- 
ing the  Journal,  &c.   Proceeded  to  the  report  of  the  Com- 


JOURNAL    OF    CONVENTION.  9/ 

mittee  under  the  head  County  Treasurer,  &c.  the  first 
[p.  1 01.]  clause  in  the  report  was  accepted  ;  the  second  ac- 
cepted with  the  following  words  inserted — "  the  manner  of 
certifying  the  votes,  and  " — to  be  inserted  immediately  after 
the  word  "  alter."  Also  the  following  words  inserted,  "And 
also  on  the  application  of  the  major  part  of  the  inhabitants 
of  any  county,  to  divide  the  same  into  two  districts  for 
registering  of  Deeds  when  ever  it  shall  appear  reasonable," 
instead  of  the  words,  "  and  also  to  divide  the  several  Coun- 
ties into  as  many  districts  for  registering  of  Deed[s]  as  to 
them  shall  appear  necessary" — the  other  clause  was  ac- 
cepted. 

Proceeded  to  consider  of  the  report  under  the  head 

Judiciary  Power. 

Voted  that  the  whole  of  the  system  be  considered  in  the 
first  place  and  afterwards  to  take  the  paragraphs  separately. 
After  some  debate  the  Committee  rose  with  leave  to  sit 
aofain  ;  and  the  President  took  the  chair  and  the  Committee 
reported  progress. 

Adjourned  to  3  o'clock  p.  m.    Met  accordingly. 

Proceeded  in  Committee  of  the  whole  to  the  considera- 
[p.  102.]  tion  of  the  report  under  the  head  Judiciary  Power. 
After  some  debate  it  was  voted  to  proceed  by  paragraphs. 

Upon  reading  the  first  paragraph,  which  was  in  the  fol- 
lowing words  :  "  The  Judicial  power  of  the  State  shall  be 
vested  in  a  Supreme  Court  of  Judicature,  except  as  is  here- 
after provided ;  This  Court  shall  consist  of  one  Chief  Jus- 
tice and  not  more  than  nine  nor  less  than  six  associate 
Justices."  Motion  was  made  to  divide  the  paragraph  and 
take  a  vote  on  the  former  part,  which  obtained,  namely : 
"  The  Judicial  Power  of  the  State  shall  be  vested  in  a  Su- 
preme Court  of  Judicature,  except  as  is  hereafter  provided:" 
on  which  the  yeas  and  nays  were  called  and  are  as  follows. 
[p.  103.]     48  Yeas — 54  nays.     So  it  was  rejected. 

Motion  was  then  made  that  the  remainder  under  said 
head  be  postponed,  to  consider  of  a  proposition  laid  on  the 
table  by  a  member  ; — which  motion  obtained :  but  before 
any  debate  ensued  the  Committee  rose  with  leave  to  sit 
again,  and  the  President  took  the  Chair — and  the  Commit- 
tee reported  progress. 

Adjourned  to  9  o'clock  to-morrow  morning. 


98  STATE    OF    NEW    HAMPSHIRE. 

[p.  104.]  Thursday,  Feb^  I6*^  1792. 

Convention  met  according  to  adjournment. 

After  reading  the  Journal  &c.,  Proceeded  in  Committee 
of  the  whole  to  take  under  consideration  the  proposition 
voted  to  be  taken  under  consideration  the  last  evening  ;  and 
motion  was  made  to  postpone  said  proposition,  and  take 
under  consideration  another  delivered  in  this  morning  by  a 
member  in  the  following  words  :  "  It  shall  be  the  duty  of 
the  General  Court  to  make  a  reform  in  the  Judiciary  Sys- 
tem, that  Justice  may  be  administered  in  a  more  cheap  and 
expeditious  manner  than  is  now  practised  ;  and  that  no 
party  shall  have  a  review  after  the  cause  has  been  deter- 
mined against  him  twice  by  Jury."  After  some  debate  it 
was  moved  to  postpone  the  last  proposition  in  order  to 
make  room  for  the  following  : 

"If  the  General  Court  shall  judge  it  necessary  for  the 
public  good  they  are  authorized  and  impowered  to  abolish 
the  Courts  of  Common  pleas  and  invest  such  other  Courts 
as  they  may  establish  with  the  powers  and  Jurisdiction 
now  vested  in  said  Courts  of  Common  pleas,  or  to  make 
any  regulations  respecting  the  powers  and  Jurisdiction  now 
[p.  105.]  existing,  as  the  public  good  may  require.'  After 
some  debate  the  motion  was  divided,  and  motion  was  made 
to  take  the  opinion  of  the  Committee  whether  the  following 
words  in  the  proposition  should  stand :  *'  It  shall  be  the 
duty  of  the  General  Court  to  make  a  reform  in  the  Judi- 
ciary system:"  to  determine  which  the  yeas  and  nays  were 
[p.  106.]  Called  and  are  follows  :  56  Yeas — 39  nays.  So 
the  words  are  to  stand. 

It  was  then  voted  that  said  proposition  be  accepted  as 
before  stated,  in  the  following  words :  "It  shall  be  the  duty 
of  the  General  Court  to  make  a  reform  in  the  Judiciary  sys- 
tem that  justice  may  be  administered  in  a  more  cheap  and 
expeditious  manner  than  is  now  practised,  and  that  no  party 
shall  have  a  review  after  the  cause  has  been  determined 
against  him  twice  by  Jury." 

The  Committee  then  rose  with  leave  to  sit  again,  and  the 
President  took  the  chair  and  the  Committee  reported  prog- 
ress. 

Adjourned  to  3  o'clock,  p.  m.     Met  accordingly. 
[p.  107.]     Proceeded  in  Committee  of  the  whole  to  the  con- 
sideration of  the  following  proposition:  "The  General  Court 


JOURNAL    OF    CONVENTION.  99 

are  hereby  impowered  to  make  alterations  in  the  power  and 
jurisdiction  of  the  Courts  of  Common  pleas  and  the  Court  of 
General  Sessions  respectively,  or  if  they  shall  judge  it  nec- 
essary for  the  public  good,  to  abolish  those  Courts  or  either 
of  them,  and  invest  such  other  Courts  as  they  may  establish, 
with  the  jurisdiction  and  powers  now  vested  in  the  said 
Courts  of  Common  pleas  and  Courts  of  General  Sessions  of 
the  Peace,  as  the  General  Court  may  from  time  to  time  judge 
expedient  for  the  due  administration  of  Law  and  Justice" — 
which  proposition  was  accepted. 

The  next  proposition  debated  was  in  the  following  words : 
"The  General  Court  are  also  impowered  to  give  to  Justices 
of  the  Peace  (who  shall  by  the  Executive  be  specially  com- 
missioned for  that  purpose)  jurisdiction  in  civil  causes  when 
the  damages  demanded  shall  not  exceed  four  pounds  and 
title  of  land  is  not  concerned,  but  with  right  of  appeal 
to  either  party  to  some  other  Court,  so  that  a  trial  by  Jury 
in  the  last  resort  may  be  had." 

After  some  debate  it  was  voted  to  strike  out  the  words 
[p.  108.]  "who  shall  by  the  Executive  be  specially  com- 
missioned for  that  purpose,"  and  the  proposition  was  then 
accepted  : — Determined  by  yeas  and  nays,  64  yeas — 34  nays. 

Proceeded  to  the  report  respecting  vesting  Chancery 
powers,  which  was  in  the  following  words  :  "  And  may  vest 
in  such  Courts  respectively  as  to  the  General  Court  may 
appear  for  the  public  good,  the  Powers  incident  to  a  Court 
of  Equity  in  Chancery,  not  repugnant  to  the  Constitution." 

After  some  debate  it  was  agreed  to  have  it  stand  as  voted 
the  last  session,  excepting  that  the  v/ords  "ought  to"  be 
erased,  and  instead  thereof  the  words,  "shall  by  the  Legisla- 
ture." 

The  Committee  then  rose  with  leave  to  sit  again,  and  the 
President  took  the  chair,  and  the  Committee  reported  prog- 
ress. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Friday,  Feb>'  17*^  1792. 

Convention  met  according  to  adjournment.  After  reading 
the  Journal  &c.  Proceeded  in  Committee  of  the  whole  to  con- 
sider of  several  motions  proposed  for  vesting  the  power  of 
granting  new  trials  &  restoring  to  Law  &c.  After  some  de- 
[p.  109.]     bate  the  several  motions  were  committed  to  the 


100  STATE   OF    NEW   HAMPSHIRE. 

consideration  of  Mr.  Pickering,  Mr.  Livermore,  Mr.  Hum- 
phreys, Mr.  Atherton  &  Mr.  Payne  who  are  to  report  their 
opinion. 

The  next  paragraph  in  the  report  respecting  the  tenure  of 
Commissions  &c.  was  accepted. 

The  next  respecting  the  Legislature  requiring  the  opinions 
of  the  Supreme  Court  &c.  was  accepted. 

The  next  paragraph  respecting  a  Judge  or  Sheriff  hold- 
ing their  office  after  65  years  of  age,  motion  was  made  to 
strike  off  65  and  insert  70,— which  motion  obtained;  and 
the  words  "or  Judge  of  Probate,"  to  be  inserted,  following 
the  word  "Court" — was  accepted  with  the  alterations. 

The  next  paragraph,  respecting  Commissions  of  Justices 
of  the  Peace  expiring  in  five  years  was  accepted. 

The  next  paragraph.  Judges  and  Justices  &c.  being  of 
Council  &c.  was  accepted. 

The  next  paragraph  relating  to  Probate  of  Wills  &c.  was 
referred  to  the  Committee  chosen  this  morning,  and  that 
they  report  their  opinion. 

The  remaining  two  paragraphs  were  accepted,  under  said 
head. 

[p.  no.]         Under  the  head  Clerk  of  Courts, 
the  paragraph  was  accepted. 

Under  the  head  Encouragement  of  Literature,  the  para- 
graph was  accepted. 

Under  the  head  Oaths  &  Subscriptions,  Exclusions,  &c. 
the  several  paragraphs  were  accepted,  with  the  word  "Lieu- 
tenant Governor  "  erased,  till  it  come  to  the  paragraph  be- 
ginning, "all  writs  issuing"  &c.  which  clause  was  rejected. 

The  two  next  paragraphs  were  accepted. 

The  next  paragraph  in  the  Constitution  though  not  re- 
ported is  to  come  under  consideration  in  Convention. 

The  two  next  paragraphs  were  accepted  as  reported. 

Proceeded  to  the  next  paragraph  reported  "  No  Governor," 
&c.  after  some  debate,  the  Committee  rose  with  leave  to  sit 
again,  and  the  President  took  the  chair,  and  the  Committee 
reported  progress. 

Adjourned  to  3  o'clock,  p.  m.     Met  accordingly. 

Proceeded  in  Committee  of  the  whole  to  the  paragraph 
under  consideration,  when  the  Committee  rose  and  accepted 
the  same. 


JOURNAL    OF    CONVENTION.  lOI 

[p.  III.]     The  next  paragraph  was  read,  considered  and  ac- 
cepted. 

The  next  paragraph  was  read  and  the  words  "  Collectors 
of  Excise  and  State  and  Continental  taxes  hereafter  ap- 
pointed and  not  having  settled  their  accounts  for  their  col- 
lections with  the  respective  officers  with  whom  it  is  their 
duty  to  settle  such  accounts,"  added  to  said  paragraph. 

Motion  was  then  made  to  strike  out  the  words  "  President, 
professor  or  Instructor  of  any  College  ; "  After  some  debate 
the  question  was  put,  shall  the  words  stand — which  question 
was  determined  by  yeas  and  nays,  and  were  as  follows  : — viz. 
[p.  112.]   56  Yeas — 45  Nays.     So  the  motion  did  not  prevail. 

The  next  paragraph  was  accepted. 

The  next  proposed  paragraph,  "  No  new  town  or  parish," 
&c.  was  rejected. 

The  next  proposed  paragraph,  "  All  Judges  of  Courts," 
etc.  was  rejected. 

The  next  proposition  that  came  under  consideration  was 
respecting  an  officer  to  act  as  first  magistrate  in  case  of  a 
vacancy,  and  voted  that  "  the  President  of  the  Senate  offi- 
ciate as  first  magistrate  in  the  absence  of  the  Governor." 
[p.  113.]  The  Committee  rose  with  leave  to  sit  again,  and 
the  President  took  the  Chair,  and  the  Committee  reported 
progress. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Saturday,  Feb^'  I8*^  1792. 

Convention  met  according  to  adjournment.  After  read- 
ing the  Journal  &c.  Proceeded  in  Committee  of  the  whole 
to  consider  of  the  Reports  of  the  Sub  Committee.  The 
report  on  the  several  motions  proposed  for  vesting  the 
powers  of  granting  new  trials,  restoring  to  Law,  &c.  was  in 
the  following  words:  "And  it  shall  be  the  duty  of  the  Gen- 
eral Court  to  vest  in  such  Court  or  Courts  of  Law  as  to 
them  may  appear  expedient,  the  power  of  Granting  new 
trials,  or  a  trial  after  judgment,  either  upon  verdict  of  a 
Jury,  default,  non-suit,  or  complaint  for  affirmation  of  judg- 
ment, in  all  cases  when  substantial  justice  has  not  been 
done  (except  as  before  excepted)  in  such  manner  and  under 
such  restrictions  and  regulations  as  to  the  General  Court 
may  appear  for  the  public  good  :  Provided,  application  be 
made  for  such  review  or  trial  within  one  year  from  the  ren- 
[p.  1 14.]     dition  of  judgment :" — which  report  was  accepted. 


102  STATE   OF    NEW    HAMPSHIRE. 

On  the  paragraph  relating  to  the  Probate  of  Wills  &c.  which 
was  referred  to  the  Sub  Committee,  they  reported  as  follows : 
"All  matters  relating  to  the  Probate  of  Wills  &c.  granting 
letters  of  administration  &c.  shall  be  exercised  by  the  Judges 
of  Probate  in  such  manner  as  the  Legislature  have  directed 
or  may  direct ;  and  the  judges  of  Probate  shall  hold  their 
Courts  at  such  place  or  places  on  such  fixed  days  as  the 
convenience  of  the  people  may  require  and  the  Legislature 
from  time  to  time  appoint :"  which  report  was  accepted. 

The  next  proposition  that  was  considered  was  in  the  fol- 
lowing words  :  "  The  person  who  in  case  of  a  vacancy  shall 
execute  the  office  of  Governor,  shall  be  chosen  by  the  Peo- 
ple in  the  same  way  and  manner,  as  the  Governor  by  the 
Constitution  is  to  be  chosen : " — which  was  determined  by 
Yeas  and  Nays — and  are  as  follows  :  viz. 
[p.  115.]     47  Yeas — 52  Nays.     So  the  motion  was  lost. 

It  was  then  voted,  that  "the  Senate  shall  appoint  their 
President  and  other  officers,"  and  determine  &c.  as  in  the 
present  Constitution. 

Nextly,  proceeded  to  the  consideration  of  a  proposition  in 
the  following  words,  viz.  "The  Senate  before  they  proceed 
[p.  116.]  to  the  trial  of  any  officer  impeached,  shall  summon 
him  by  process  to  be  served  by  a  sworn  officer  at  least 
days  before  the  day  of  trial ;  and  in  case  of  his  non-appear- 
ance shall  proceed  to  hear  the  Impeachment  and  evidence, 
and  render  judgment,  his  non-appearance  notwithstanding;" 
— which,  with  causes  of  impeachment  &c.  was  referred  to  a 
Committee  consisting  of  Mr.  Humphreys,  Mr.  Plummer  and 
Mr.  Peabody,  who  are  to  report  to  Convention  their  opinion 
thereon. 

Voted,  That  Mr.  Walker,  Mr.  Thompson,  Mr.  Peabody, 
Mr.  Atherton  &  Mr.  Humphreys  be  a  Committee  to  take 
under  consideration  the  20^^^  Article  in  the  Bill  of  Rights. 

The  Committee  then  rose  with  leave  to  sit  again,  and  the 
President  took  the  chair  and  the  Committee  reported  prog- 
ress. 

Adjourned  to  3  o'clock,  p.  m.     Met  accordingly. 

The  next  paragraph  in  the  report,  "To  the  end  that  there 
be  no  failure,"  &c.  was  accepted. 

The  next  paragraph  was  accepted, 
[p.  117.]     Instead  of  the  last  paragraph  reported,  the  follow- 
ing was  voted — "At  the  first  annual  or  other  meeting  held 
for  the  choice  of  Representatives  after  seven  years  is  expired 


JOURNAL    OF    CONVENTION.  IO3 

from  the  time  of  the  Amendments  to  the  Constitution  hav- 
ing been  accepted,  the  Electors  shall  give  their  Representa- 
tives their  opinion  or  Instructions  in  writing  voted  at  the 
meeting,  relative  to  the  propriety  or  necessity  of  calling  a 
Convention  to  revise  the  Constitution  ;  and  if  it  shall  appear 
to  the  General  Court  that  it  is  the  opinion  of  a  major  part  of 
the  people  voting  thereon  to  have  the  Constitution  revised, 
it  shall  be  their  duty  to  call  a  Convention  for  that  purpose; 
and  the  same  method  shall  be  observed  at  the  end  of  every 
seven  years  afterwards ;  And  the  amendments  which  may 
be  agreed  on  by  such  Convention  shall  be  valid  to  all  intents 
and  purposes  as  part  of  this  Constitution  when  approved  of 
by  of  the  qualified  voters  present  and  voting  in  Town 

meeting  on  the  question." 

The  Committee  then   rose   and  the  President  took  the 
chair,  the  Committee  informed  that  their  Report  should  be 
given  in  on  Monday  morning,  at  the  time  of  the  meeting  of 
Convention, 
[p.  118.]     Adjourned  to  Monday  next  at  9  o'clock,  a.  m. 

Monday,  Feb^,  20*^  1792. 

Convention  met  according  to  adjournment.  Read  the 
Report  of  the  Committee  of  the  whole,  and  voted  to  pro- 
ceed in  the  following  manner,  (viz.)  to  take  up  the  report  of 
the  Committee  of  Convention  and  the  Committee  of  the 
whole,  and  determine  thereon. 


[Note.  The  following  appears  to  be  the  Report  of  the  Committee 
of  the  whole,  referred  to  on  page  118  of  the  Journal:  it  is  found  in 
MS.  Journal  on  pages  443-450,  as  follows. — Ed.] 


The  Committee  of  the  whole,  having  taken  under  their  consideration 
the  Report  of  the  Committee  of  Convention  chosen  in  September 
last,  and  maturely  deliberated  thereon,  agree  to  the  following  al- 
terations in  said  Report,  (viz.) 

To  strike  out  the  39*'^  article  in  the  Bill  of  Rights. 
Under  the  head  General  Court, 

2^  Paragraph — Strike  out  the  word  "third"  and  insert  the  word 
"first."     Strike  out  the  word  "  September"  &  insert  the  word  "June." 

5"^  Paragraph — Strike  out  the  words  "  four  sevenths,"  and  insert  the 
words  "  two  thirds  ;  "  also.  Strike  out  the  words  "  a  majority,"  and  in- 
sert the  words  "  two  thirds  "  instead  thereof. 

8"^  Paragraph — Strike  out  the  whole,  and  insert  as  follows : 

"  The  doors  of  the  Galleries  of  each  House  of  the  Legislature,  shall 
be  kept  open  to  all  persons  who  behave  decently,  except  when  the  wel- 
fare of  the  State  in  the  opinion  of  either  Branch  shall  require  secrecy." 


104  STATE    OF    NEW    HAMPSHIRE. 

V 

Under  the  head  Senate. 

i^'  Paragraph — Strike  out  the  word  "  twelve,"  and  insert  the  word 
"  thirteen  :  "  Strike  out  the  words  "  two  years,"  and  insert  the  words 
"  one  year:  "  Strike  out  "  third  Wednesday  of  September,"  and  insert 
"  first  Wednesday  of  June." 

2'^  Paragraph — Strike  out  the  word  "twelve"  and  insert  the  word 
"  thirteen." 

3*1  Paragraph — Strike  out  the  word  "  biennially,"  and  insert  the  word 
"  annupJly." 

4*1^  Paragraph — Strike  out  the  words  "  every  second  year,"  and  insert 
"  annually :  "  Strike  out  "  paying  for  himself  a  poll  tax  or  liable  to  pay 
poll  tax  or  the  amount  thereof,"  and  insert,  "  excepting  paupers  and 
persons  excused  from  paying  taxes  at  their  own  request." 

6"^  Paragraph — Strike  out. 

y^^  Paragraph — Strike  out  the  whole  after  the  words  "  sealed  up  and 
directed,"  and  insert  words  necessary  to  make  the  method  of  returning 
&c.  to  read  as  in  the  present  constitution. 

9^^  Paragraph — Strike  out  the  words  "  every  second  year,"  and  insert 
the  word  "  annually." 

iQth^  jjth^  ^  j2th  Paragraphs  rejected,  and  the  same  method  to  be 
pursued  to  determine  the  choice  of  Senators,  when  a  majority  of  votes 
is  wanting,  as  when  a  Governor  has  not  a  majority. 

The  last  Paragraph  was  rejected. 

Voted,  That  the  Senate  shall  appoint  their  President  and  other  offi- 
cers, and  determine  their  own  rules  of  proceedings,  and  not  t/iau  less 
than  seven  members  of  the  Senate  shall  make  a  quorum  for  doing  busi- 
ness ;  and  when  less  than  eight  Senators  shall  be  present,  the  assent  of 
five  at  least  shall  be  necessary  to  render  their  acts  and  proceedings 
valid. 

The  President  of  the  Senate  shall  officiate  as  first  magistrate  in  the 
absence  of  the  Governor. 

Under  the  head.  House  of  Representatives,  the  Proviso  follow- 
ing the  first  Paragraph  strike  out. 

Executive  Power. 

Under  the  head,  Governor. 

3'!  Paragraph — Strike  out  the  whole  after  the  words  "the  House," 
and  insert,  "The  Senate  and  House  of  Representatives  shall,  by  joint 
ballot,  elect  one  of  the  two  persons  having  the  highest  number  of  votes, 
who  shall  be  declared  Governor." 

5"^  Paragraph — the  words,  "  to  meet  at  the  place  where  the  General 
Court  shall  be  at  that  time  sitting,"  are  to  be  inserted  following  the 
word  "  require." 

14th   Paragraph — Strike  out,  and  insert  the  following : 

The  Governor  and  Council  shall  have  a  compensation  for  their  ser- 
vices, to  be  fixed  Annually  by  the  General  Court  early  at  their  first 
session,  which  shall  not  be  encreased  nor  diminished  during  the  time 
for  which  the  Governor  &  Council  shall  have  been  elected. 

The  whole  under  the  head  Lieut.  Governor  strike  out. 
Under  the  head  Council. 

4"^  Paragraph  strike  out  the  word  "  third,"  &  insert  "first."  Strike 
out  the  word  "  September"  and  insert  "June." 


JOURNAL    OF    CONVENTION.  IO5 

5'^^   Paragraph — Strike  out  the  words  "  Lieut.  Governor.  " 

Begin  the  6'''  paragraph  with  the  word  "And." 

The  last  paragraph  respecting  the  order  of  Elections  was  not  deter- 
mined. 

Under  the  head  Secretary,  Treasurer,  Commissary  &c.  no  alteration 
was  made. 

Under  the  head  County  Treasurer,  &c.  2*^  paragraph  insert  the 
words  "The  manner  of  certifying  the  votes  and,"  following  the  word 
"alter."  Strike  out  "And  also  to"  &c.  and  insert,  "and  also  on  the 
application  of  the  major  part  of  the  Inhabitants  of  any  County,  to  divide 
the  same  into  two  districts  for  registering  of  Deeds  whenever  it  shall  ap- 
pear reasonable." 

Under  the  head  Judiciary  Power. 

The  i^',  2'^^,  4*^  &  5*'^  paragraphs  rejected,  and  the  following  voted  : — 

"It  shall  be  the  duty  of  the  General  Court  to  make  a  reform  in  the 
Judiciary  system,  that  justice  may  be  administered  in  a  more  cheap  and 
expeditious  manner  than  is  now  practised,  and  that  no  party  shall  have 
a  Review  after  the  cause  has  been  determined  against  him  twice  by  a 
Jury. 

"  The  General  Court  are  hereby  impowered  to  make  alterations  in 
the  power  and  jurisdiction  of  the  Courts  of  Common  Pleas  and  Courts 
of  General  Sessions  respectively  ;  or  if  they  shall  judge  it  necessary  for 
the  public  good,  to  abolish  those  courts  or  either  of  them,  and  invest 
such  other  Courts  as  they  may  establish  with  the  jurisdiction  and  powers 
now  vested  in  the  Courts  of  Common  Pleas  and  Courts  of  General  Ses- 
sions of  the  Peace,  as  the  General  Court  may  from  time  to  time  judge 
expedient  for  the  due  administration  of  Law  and  Justice. 

"And  it  shall  be  the  duty  of  the  General  Court  to  vest  in  such  Court 
or  Courts  of  Law  as  to  them  may  appear  expedient,  the  power  of  grant- 
ing new  trials,  or  a  trial  after  judgment,  either  upon  verdict  of  a  Jury, 
default,  non-suit,  or  complaint  for  affirmation  of  judgment  in  all  cases 
when  substantial  justice  has  not  been  done  (except  as  before  excepted) 
in  such  manner  and  under  such  restrictions  and  regulations  as  to  the 
General  Court  may  appear  for  the  public  good  ;  Provided  application  be 
made  for  such  review  or  trial  within  one  year  from  the  rendition  of  judg- 
ment." 

3^  Paragraph  committed  to  a  Sub  Committee. 

8'^^  Paragraph,  the  words  "  or  Judge  of  Probate"  to  follow  the  word 
"Court."  Strike  out  the  words  "sixty-five,"  and  insert  the  word 
"  seventy." 

II "1  Paragraph,  strike  out  the  word  "shall,"  and  the  word  "here- 
after," and  the  whole  after  the  word  "  appoint." 

Under  the  head  Oaths,  &  Subscriptions,  Exclusions,  &c. 

i^'  Paragraph — Strike  out  the  words  "  Lieut.  Governor." 

5'^  Paragraph, — Strike  the  whole  out. 

10"^  Paragraph, — Strike  out  the  words  "  Lieut.  Governor." 

12*'!  Paragraph — Strike  out  the  words,  "  Collectors  of  Excise,  Collector 
of  taxes,"  and  insert  "Collectors  of  Excise  and  State  and  Continental 
taxes  hereafter  appointed,  and  not  having  settled  their  accounts  with 
the  respective  officers  with  whom  it  is  their  duty  to  settle  such  accounts  " 
following  "  Naval  officer." 

Strike  out  the  words  "  Lieutenant  Governor." 


I06  STATE   OF   NEW    HAMPSHIRE. 

14  Paragraph  strike  out. 

15  Paragraph  strike  out. 

The  last  Paragraph  strike  out  and  insert  the  following:  "At  the  first 
annual  or  other  meetings  held  for  the  choice  of  Representatives  after 
seven  years  is  expired  from  the  time  of  the  amendments  to  the  Consti- 
tution having  been  Accepted,  the  Electors  shall  give  their  Representa- 
tives their  opinion  or  Instructions  in  writing.  Voted  at  the  meeting  rel- 
ative to  the  propriety  or  necessity  of  calling  a  Convention  to  revise  the 
Constitution,  and  if  it  shall  appear  to  the  General  Court  that  it  is  the 
opinion  of  a  major  part  of  the  people  voting  thereon  to  have  the  Con- 
stitution revised,  it  shall  be  their  duty  to  call  a  Convention  for  that 
purpose,  and  the  same  method  shall  be  observed  at  the  end  of  every 
seven  years  afterwards :  And  the  amendments  which  may  be  agreed  on 
by  such  Convention  shall  be  valid  to  all  intents  and  purposes  as  part  ot 

this  Constitution,  when  approved  of  by of  the  qualified  voters 

present  and  voting  in  town  meeting  on  the  question." 

N.  B.  A  paragraph  beginning  "All  Laws"  &c.  not  acted  upon. 

Accepted  the  first  five  articles  in  the  Bill  of  rights  with- 
out any  alteration. 

6*^^  Article  debated  and  referred  to  Mr.  Peabody,  Mr. 
Walker  &  Mr.  Livermore. 

7"^  Accepted  with  this  alteration:  Strike  out  "United 
State[s]  of  America  in  Congress  Assembled,"  and  insert 
"Congress  of  the  United  States  of  America." 

8'^  9^^  Iot^  IIt^  I2t^  I3t^  I4^^  I5^^  16*^  Articles  were 
accepted  without  any  alteration :  17^^  accepted — erasing  the 
word  "Assembly,"  and  insert  the  word  "  Legislature." 

18^^^  accepted — erasing  the  words  "those  of,"  also  the 
word  "  dye"  and  insert  "  offences." 

19^^^  accepted — erasing  the  word  "  citizen"  and  inserting 
"subject." 

20'^^  article  erased,  and  the  one  received  as  reported  by 
the  Committee  and  inserted  instead  of  the  one  erased.  [See 
Report  of  Com.,  marg.  p.  189.] 

2i't,  22^  23^  24"\  25^^  26^^  27^^  28^^,  29^^  3o*^  ^i^\  32^ 

33^\  and  34*'-^  rec'l 

[p.  119.]     35^^  accepted,  with  striking   out   the  words  "or 

Superior." 

^5^  ^^th^  38*^  accepted.     39*^  rejected. 

Adjourned  to  3  o'clock  P.  M.     Met  accordingly. 

Proceed  to  the  Form  of  Government. 

First  paragraph  accepted  with  this  alteration, — "of  the 
State  of  New  Hampshire,"  erased,  and  the  words  "formerly 
called  the  Province  of  New  Hampshire"  [instead]. 


journal  of  convention.  10/ 

General  Court. 

i^*  paragraph  accepted — 2*^  accepted  with  erasing  the 
words  "third  Wednesday  of  September,"  and  inserting  the 
words  "  last  Wednesday  of  October"  in  two  places  in  the 
paragraph — which  was  determined  by  yeas  and  nays,  and  are 
as  follows  :  50  yeas, — 46  nays. 

3^\4^^^  accepted  ;  5*''  accepted,  striking  out  ''four  sevenths," 
and  inserting  "  two  thirds  ;"  and  striking  out  "a  majority" 
and  insert  "two  thirds." 

6^^*  and  7*^  accepted  ;  8*^^  rejected  and  another  inserted  ; 
9^^  accepted. 

Senate. 

5*^  Paragraph  accepted  with  the  alterations  made  in  Com- 
mittee of  the  whole. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Tuesday,  Feb^'  2i^^  1792. 

Convention  met  according  to  adjournment. 

Proceeded  to  the  consideration  of  the  several  remaining 
paragraphs  under  the  head,  Senate.  The  6^'^  &  7^^  accepted, 
the  8*^^  9^*^  &  10*^  rejected  ;  the  1 1*^  12*^  &  13^^  accepted  with 
some  small  alterations  which  were  made  in  the  proper  place; 
14*^  accepted  with  some  alterations  which  were  inserted. 
[p.  120.]  The  last  paragraph  reported, — which  was  in  the 
following  words,  viz.,  "  Every  officer  whilst  under  impeach- 
ment shall  be  suspended  from  the  exercise  of  the  duties  of 
his  office  unless  the  House  of  Representatives  shall  order 
otherwise  ;  but  the  trial  shall  be  as  speedy  as  the  nature  of 
the  case  will  admit" — which  paragraph  was  largely  debated, 
and  the  yeas  and  nays  called  to  determine  thereon,  and  were 
as  follows  : 

46  yeas — 49  nays.     So  the  motion  was  lost, 
[p.  121.]     Adjourned  to  3  o'clock,  p.  m.     Met  accordingly. 

Proceeded  to  the  consideration  of  the  several  articles  or 
Paragraphs  under  the  head  House  of  Representatives. 

On  the  I**  paragraph  much  debate  ensued,  and  motion 
was  made  to  strike  out  the  words  "  three  hundred,"  and 
insert  "  two  hundred  and  twenty-five  "  as  the  mean  increas- 
ing number — to  determine  which  the  yeas  &  nays  were 
called  and  were  as  follows  : 

19  yeas — 79  Nays.  So  the  motion  was  lost  and  no  alter- 
ation was  made  in  said  article. 


I08  STATE    OF    NEW    HAMPSHIRE. 

[p.  122.]  The  next  paragraph  contained  in  2.  proviso  to 
prevent  the  number  of  Representatives  being  more  than 
one  hundred  and  ten  at  any  one  time  hereafter,  &c.  was  re- 
jected. The  remainder  under  said  head  was  accepted  till  it 
comes  to  the  paragraph  respecting  printing  the  Journal  of 
the  Gen^  Court,  &  after  some  debate  it  was  rejected  as  re- 
ported, and  received  as  it  stands  in  the  Constitution,  with 
the  addition  of  the  following  words  :  "And  all  the  public 
Acts  "  to  follow  the  words,  "  General  Court." 

The  following  paragraph  was  added,  "  And  any  member 
of  the  Senate  or  House  of  Representatives  shall  have  a 
right  on  motion  made  at  the  time  for  that  purpose  to  have 
his  protest  or  dissent  with  the  reasons  against  any  vote,  re- 
solve or  Bill  passed,  entered  on  the  Journals." 

Proceeded  to  consider  of  the  Paragraphs  under  the  head, 
Governor  (as  reported). 

The  first  paragraph  was  accepted  and  the  2^^  came  under 
consideration,  and  it  was  voted,  that  an  alteration  be  made, 
which  was  inserted  in  its  place  :  the  3^^  came  under  con- 
sideration respecting  Electors  &c.  and  voted,  that  Mr. 
[p.  123.]  Payne,  Mr.  Humphreys  &  Mr.  Livermore  be  a 
Committee  to  make  an  arrangement  of  the  several  Para- 
graphs touching  the  Executive,  and  make  them  conformable 
to  certain  votes  that  have  been  passed  in  Convention. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Wednesday,  Feb^  22^  1792. 

Convention  met  according  to  adjournment.  Proceeded  to 
consider  of  the  Report  of  the  Committee  on  the  6^'^  Article 
in  the  Bill  of  rights — which  after  being  fully  debated,  motion 
was  made  to  accept  the  report: — on  which  motion  the  yeas 
and  nays  were  called,  and  are  as  follows: 

57  yeas — 35  Nays.     So  the  report  was  accepted. 

[p.  124.]     Accepted  the  report  of  the  Committee  on  the  last 
clause  or  paragraph  under  the  head  Senate. 

.  Proceeded  to  consider  of  the  Report  of  the  Committee,  to 
consider  of  and  report  upon  the  whole  under  the  head 

Governor, 

and  accepted  the  same. 

Proceeded  to  consider  of  the  Paragraphs  under  the  head 


journal  of  convention,  io9 

Council, 

and  voted  to  erase  the  paragraph  giving  Uberty  in  case  there 
should  be  a  new  County  to  have  an  additional  Counsellor — 
which  was  rejected. 

Adjourned  to  3  o'clock  p.  m.     Met  accordingly. 

The  following  Proviso  was  taken  under  consideration: 
"  Provided  nevertheless,  that  the  Legislature  may  if  the  pub- 
lick  good  shall  hereafter  require  it,  divide  the  State  into  five 
Districts  for  the  election  of  Counsellors,  according  to  the 
numbers  and  taxes  as  nearly  equal  as  may  be,  that  one  Coun- 
sellor may  be  chosen  in  each  District:"  which  Proviso  was 
accepted. 

Voted  That  every  nomination  and  appointment  shall  be 
signed  by  the  Governor  and  Council,  and  every  negative 
shall  be  signed  by  the  Governor  or  Council  who  negatived 
the  same. 

Under  the  head 

Secretary,  Treasurer,  &c. 

received  as  reported  by  the  Com^^^  of  Convention.  Report 
[p.  125.]  of  the  Committee  of  the  whole  under  the  head 
County  Treasurer,  &c.  was  received  as  reported  by  the 
Committee.  Under  the  head  County  Treasurer  &c.  the 
whole  received  as  reported  by  the  committee  of  the  whole. 

Under  the  head,  Judiciary  Power  received  as  reported 
by  the  Committee  of  the  whole. 

The  paragraph  under  the  head,  Clerk  of  Courts  refer'd 
to  Mr.  Humphreys  for  an  alteration. 

Under  the  head,  Encouragement  of  Literature,  the 
paragraph  was  accepted  as  reported. 

Under  the  head  Oaths  &  Subscriptions  &c.  accepted  as 
reported. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday,  Feb^,  23^,  1792. 

Convention  met  according  to  adjournment.  Received  the 
report  under  the  head  "Clerk  of  Courts" — which  was  as  fol- 
lows: "The  Judges  of  the  Courts,  (those  of  Probate  except- 
ed,) shall  appoint  their  respective  Clerks  during  pleasure ; 
and  no  such  clerk  shall  be  of  Council  in  any  cause  in  the 
Court  of  which  he  is  clerk,  nor  shall  he  draw  any  writ  orig- 
inating a  Civil  Action." 


no  STATE    OF   NEW    HAMPSHIRE. 

[p.  126.]  Proceeded  to  the  paragraph  which  excludes  cer- 
tain officers  from  holding  a  seat  in  the  Legislature,  and  mo- 
tion was  made  to  insert  the  words  "Justices  of  the  Peace;" 
— to  determine  which  the  yeas  &  nays  were  called,  and  are 
as  follows : 

34  yeas — 62  nays.     So  the  motion  did  not  prevail. 

[p.  127.]  Motion  was  made  to  strike  out  the  words  "Judge 
of  the  Inferior  Court  of  Common  Pleas  : " — but  the  motion 
was  lost. 

Motion  was  then  made  to  strike  out  the  words,  "  Presi- 
dent, Professor  or  Instructor  of  any  College  " — which  passed 
in  the  affirmative,  and  the  words  were  struck  out. 

Voted,  That  when  the  Governor  shall  be  tried  on  Im- 
peachment the  Chief  Justice  of  the  State  shall  preside  in 
the  Senate,  but  shall  have  no  vote  therein. 

Voted,  That  Mr.  Humphreys,  Mr.  Page  &  Mr.  Newcomb 
be  a  Committee  to  report  on  the  last  paragraph  in  the  Con- 
stitution. 

Adjourned  to  3  o'clock  p.  m.     Met  accordingly. 

The  Committee  reported  on  the  last  Paragraph,  which  re- 
port was  read  and  considered,  received  and  accepted. 

Voted  That  Mr.  Cilley,  Mr.  Thompson,  Mr.  Atherton, 
Mr.  Chase  and  Mr.  P'reeman  be  a  Committee  to  consider 
and  report  in  what  way  and  manner  the  proceedings  in  Con- 
vention shall  be  printed  and  distributed  to  the  several 
Towns  ;  when  the  meetings  in  the  Towns  shall  be  held  ; 
the  manner  of  the  Towns  making  returns  &  the  time  and 
place  where  Convention  shall  hold  their  next  session. 
[p.  128.]  The  foregoing  Committee  reported:  "That  some 
person  be  appointed  to  agree  with  a  printer  to  strike  off 

copies  of  the  proceedings  of  Convention  ;  that  he 

superintend  the  Press  ;  that  he  direct  one  copy  to  the  Se- 
lectmen of  each  Town,  parish  and  unincorporated  place ; 
that  he  bind  up  the  copies  belonging  to  each  County  in  a 
separate  bundle  and  direct  and  send  them  to  the  sheriffs  of 
the  respective  Counties,  accompanied  with  a  letter  directing 
the  sheriff  to  send  the  copies  of  the  several  respective 
Towns  &c.  in  the  County  without  delay  ;  that  the  meetings 
in  the  several  towns  throughout  the  State  to  consider  and 
vote  on  the  doings  of  the  Convention,  be  held  on  the  first 
Monday  in  May  next,  and  that  the  Convention  adjourn  to 
meet  again  on  the  last  Wednesday  of  said  May,  at  Concord." 


JOURNAL    OF    CONVENTION.  Ill 

On  reading  and  considering  the  foregoing  report,  it  was 
Voted,  That  two  persons  be  employed  for  the  purpose  men- 
tioned. 

Voted,  That  Mr.  Thompson,  Mr.  Toppan  &  Mr.  Peabody 
be  a  Committee  to  nominate  four  persons — two  of  whom  to 
be  appt^  a  Committee  for  said  purpose. 

Voted,  That  Mr.  Page,  Mr.  Plummer  &  Mr.  Livermore  be 
a  Committee  to  point  out  the  manner  in  which  the  returns 
from  the  several  Towns  shall  be  made, 
[p.  129.]     Adjourned  to  8  o'clock  to-morrow  morning. 

Friday,  Feb^'  24*^  1792. 

Convention  met  according  to  adjournment.  The  Com- 
mittee to  Nominate  four  persons,  two  of  whom  &c.  nominat- 
ed Mr.  Pickering,  Mr.  Peabody,  Mr.  Walker  &  Doct^"  Sam^ 
Tinney. 

The  Committee  to  whom  was  referred,  to  consider  in  what 
manner  the  returns  &c.  should  be  made,  reported:  "That  the 
Articles  of  amendments  be  incorporated  with  the  Constitu- 
tion and  printed:  And  the  Articles  of  Amendment  be  num- 
bered, and  also  printed  with  two  blank  columns  on  each 
page,  with  the  amendments,  and  at  the  top  of  one  column 
be  printed  the  words,  "Votes  for  the  Amendments,"  and  at 
the  top  of  the  other  column  be  printed,  "Votes  against  the 
Amendments:"  That  the  returns  be  made  by  writing  down 
against  each  particular  Amendment  the  number  of  votes  for 
the  article  or  against  the  article,  as  the  case  may  be,  and 
that  there  be  printed  at  the  end  of  the  articles  a  certificate 
in  the  following  words,  (viz.) 

"I Town  clerk  of do  hereby  certify 

and  attest,  that  the  number  of  votes  for  and  against  each  ar- 
[p.  130.]  tide  of  amendment  as  set  down  in  each  column 
against  each  particular  article,  is  just  and  true  as  voted  and 
taken  in  town   meeting  duly  warned  for  that  purpose,  and 

held  in  the  town  of in  the  County  of this 

day  of  May,  Anno  Domini  1792. 

Town  Clerk." 

The  Committee  further  report  an  order  to  be  printed  on 
the  first  page  of  the  Articles  of  amendments  as  follows,  (viz.) 

**  In  Convention  held  at  Concord  the  second  Wednesday 
of  Feb>',  1792,  by  adjournment,  ordered  that  the  Constitu- 
tion, with  the  articles  of  amendment  incorporated,  be  printed, 


112  STATE    OF    NEW   HAMPSHIRE. 

in  order  that  the  Constitution  Amended  be  better  under- 
stood ;  and  the  Articles  of  Amendments  be  also  printed 
and  sent  to  the  several  Towns  and  unincorporated  places  as 
soon  as  may  be,  to  be  laid  before  each  Town  and  unincor- 
porated place  at  a  meeting  of  the  Inhabitants  duly  warned 
for  that  purpose,  to  be  held  on  the  first  Monday  of  May 
next,  being  the  7^^^  day  of  s'^  month,  to  be  separately  voted 
[p.  131.]  upon  by  the  qualified  voters  present,  and  the  Clerk 
of  such  Town  or  place  shall  seal  up  the  articles  of  amend- 
ments with  the  number  of  votes  written  down  for  or  against 
each  particular  article  and  cause  return  thereof  to  be  made 
to  the  Convention  at  Concord  on  the  last  Wednesday  in 
May  next :" — which  report  was  accepted. 

Proceeded  to  elect  two  persons  of  the  four  nominated, 
and  made  choice  of  the  Hon^^  Timothy  Walker,  Esquire, 
and  Doct^'  Sam^  Tinney,  to  procure  five  hundred  printed 
copies  of  the  amendments  &c.,  one  copy  for  each  Town,  one 
for  each  member,  and  the  remainder  amongst  some  of  the 
largest  towns  in  the  State ;  and  directed  to  the  several  sher- 
iffs to  be  by  them  distributed  agreeably  to  a  former  Report. 

Voted  that  the  Secretary  be  directed  to  furnish  the  above 
Committee  with  an  attested  copy  of  the  amendments  and 
alterations,  and  also  an  attested  copy  of  the  Constitution, 
with  the  amendments  and  alterations  incorporated. 

Voted,  That  Mr.  Plummer  be  requested  to  assist  the  Sec- 
retary in  making  out  said  copies. 

[p.  32.]  Adjourned  to  Wednesday,  the  30^^'  of  May  next 
then  to  meet  at  Concord. 

NOTE   BY   THE   EDITOR. 

[Here  follow,  in  order,  first,  the  articles  in  addition  to  and  in  amend- 
ment of  the  constitution  as  sent  out  to  the  people ;  and  second,  the 
constitution  with  the  said  articles  incorporated.]. 


JOURNAL    OF    CONVENTION. 


113 


Articles  in  addition  to  and  amendment  of  the  Con- 
stitution OF  THE  State  of  New  Hampshire,  agreed 
TO  BY  THE  Convention  of  said  State,  &  submitted 

TO    THE    PEOPLE    THEREOF    FOR    THEIR    APPROBATION. 


[See  Pages  396-435,  and  461-470  of  the  MS.  Journal.] 

NOTES   BY   THE   EDITOR. 

[In  the  numbering  of  the  articles  of  amendment  and  alterations 
which  follow,  there  is  a  slight  discrejDancy  between  the  original  manu- 
script of  the  Journal,  and  the  printed  form  as  sent  out  to  the  people. 
The  editor  has  followed  the  latter  in  numbering  the  said  articles.  There 
is  no  discrepancy  in  the  matter  thereof,  except  that  the  last  article,  No. 
72,  is  in  the  printed  form  as  sent  out  to  the  people.] 


[The  following  pages  are  a  specimen  of  the  form  in  which  the  amend- 
ments were  sent  out, — the  votes  for  or  against  each  amendment  being 
set  down  in  the  ruled  columns.  It  was  judged  unnecessary  to  put  the 
rules  on  every  page.     The  result  is  noted  in  the  returns  at  the  end.] 

[The  Articles  of  amendment  are  numbered  as  they  were  sent  out  to 
the  people. — Ed.] 


Under  the  head  Bill  of  Rights  : 

That  the  following  be  added  to  the  6'^  Article. 
No.  I. 

But  this  shall  not  be  construed  to  free  a  person 
from  the  obligation  of  his  own  contract  on  his  pre- 
tence of  changing  his  religious  persuasion  after 
making  the  contract. 

And  whenever  a  minister  is  settled  by  any  incor- 
porated town  or  parish,  any  person  dissenting,  shall 
have  liberty  either  at  the  meeting  or  previous  to 
the  ordination  of  the  minister,  or  within  one  month 
after  the  vote  obtained  for  his  settlement,  to  enter 
his  dissent  with  the  town  or  parish  clerk  against 
paying  or  contributing  toward  the  support  of  such 
minister ;  &  all  minors,  who  after  such  settlement 
shall  come  of  age,  and  all  inhabitants  of  such  town 
or  parish  who  are  absent  from  the  same  at  the  time 
of  such  meeting  or  settlement,  and  all  persons  who 
after  such  settlement  move  into  such  town  or  par- 
ish to  reside,  shall  have  three  months  from  the  time 
of  their  coming  of  full  age,  returning  into  town  or 
moving  in  to  reside,  as  aforesaid,  respectively,  to 

8 


Votes 
for  the 
Amend- 
ments. 


Votes 

against 

the 

Amend' ts. 


114 


STATE   OF    NEW   HAMPSHIRE. 


Votes 

Votes 

for  the 

against 

Amend- 

the^ 

ments. 

Amend'ts 

enter  their  dissent  with  the  town  or  parish  clerk  as 
aforesaid. 

And  all  persons  who  do  not  enter  their  dissent 
as  aforesaid,  shall  be  bound  by  the  major  vote  of 
such  town  or  parish,  &  it  shall  be  considered  as 
their  voluntary  contract :  But  all  persons  who  enter 
their  dissent  as  aforesaid  shall  not  be  bound  by  the 
vote  of  such  town  or  parish,  or  considered  as  party 
to  such  contract,  or  in  any  way  be  compelled  to 
contribute  towards  the  support  of  the  minister,  nor 
shall  any  person  be  compelled  to  contribute  towards 
the  support  of  a  minister  who  shall  change  from 
the  sect  or  denomination  of  which  he  professed  to 
be  when  he  settled,  to  any  other  persuasion,  sect 
or  denomination. 

No.  2. 

Article  17''%  That  the  word  "Assembly"  be  ex- 
punged, &  the  word  "  Legislature  "  inserted. 

No.  3. 
Article  i8"\  That  the  words  "  those  of,"  "  dye," 
be  expunged,  &  the  word  "  offences  "  inserted. 

No.  4. 

Article  19*^.  To  be  expunged  &  the  following  sub- 
jstituted  in  lieu  thereof:  viz. 

Every  subject  hath  a  right  to  be  secure  from  all 
unreasonable  searches  &  seizures  of  his  person,  his 
houses,  his  papers,  &  all  his  possessions ;  There- 
fore all  warrants  to  search  suspected  places,  or  ar- 
rest a  person  for  examination,  or  trial  in  prosecu- 
tions for  criminal  matters,  are  contrary  to  this  right, 
if  the  cause  or  foundation  of  them  be  not  previ- 
ously supported  by  oath  or  affirmation  ;  &  if  the 
order  in  a  warrant  to  a  civil  officer,  to  make 
search  in  suspected  places,  or  to  arrest  one  or  more 
suspected  persons, .  or  to  seize  their  property,  be 
not  accompanied  with  a  special  designation  of  the 
persons  or  objects  of  search,  arrest  or  seizure ; 
&  no  warrants  ought  to  be  issued  but  in  cases,  & 
with  the  formalities  prescribed  by  law. 

No.  5. 

Article  20*^.  To  be  expunged  and  the  following 
substituted  in  lieu  thereof:  viz. 

In  all  controversies  concerning  property,  and  in 
all  suits  between  two  or  more  persons,  excepting  in 
cases  wherein  it  hath  been  heretofore  otherwise 
used  and  practised,  the  parties  have  a  right  to  a 
trial  by  jury,  and  this  right  shall  be  deemed  sacred 
and  inviolable ;  but  the  Legislature  may,  by  the 
Constitution,  be  empowered  to  make  such  regula- 
tions as  will  prevent  parties  from  having  as  many 
trials  by  Jury  in  the  same  suit  or  action  as  hath  been 


JOURNAL    OF    CONVENTION.  II5 

heretofore  allowed  and  practised ;  and  to  extend  the  civil  jurisdiction 
of  Justices  of  the  Peace  to  the  trial  of  suits  where  the  sum  demanded 
in  damages  doth  not  exceed  four  pounds,  saving  the  right  of  appeal  to 
either  party ; — But  no  such  regulations  shall  take  away  the  right  of  a 
trial  by  Jury  in  any  case,  not  in  this  article  before  excepted,  unless  in 
cases  respecting  mariners  wages. 

No.  6. 

Article  31^*,  To  be  expunged  &  the  following  substituted  in  lieu 
thereof:  viz. 

The  Legislature  shall  assemble  for  the  redress  of  public  grievances, 
and  for  making  such  laws  as  the  public  good  may  require. 

No.   7. 

Article  35^^,  To  be  expunged  and  the  following  substituted  in  lieu 
thereof:  viz. 

It  is  essential  to  the  preservation  of  the  rights  of  every  individual, 
his  life,  liberty,  property  and  character,  that  there  be  an  impartial 
interpretation  of  the  Laws,  and  administration  of  Justice ;  It  is 
the  right  of  every  citizen  to  be  tried  by  Judges  as  impartial  as  the  lot 
of  humanity  will  admit.  It  is  therefore  not  only  the  best  policy,  but 
for  the  security  of  the  rights  of  the  people,  that  the  Judges  of  the 
Supreme  Judicial  Court  should  hold  their  offices  so  long  as  they  behave 
well,  subject  however  to  such  limitations  on  account  of  age  as  may  be 
provided  by  the  Constitution  of  the  State  ;  &  that  they  should  have 
honorable  salaries  ascertained  and  established  by  standing  laws. 

Under  the  head  General  Court. 

No.  8. 
The  Senate  &  House  shall  assemble  every  year  on  the  last  Wednes- 
day of  Octo"",  tS:  at  such  other  times  as  they  may  Judge  necessary  &.  shall 
dissolve  and  be  dissolved  seven  da^-s  next  preceding  the  last  Wednes- 
day of  October,  &  shall  be  stiled  the  General  Court  of  New  Hamp- 
shire. 

No.  9. 
No  member  of  the  Gen^  Court  shall  take  fees,  be  of  Council,  or  act 
as  Advocate,  in  any  cause  before  either  branch  of  the  Legislature  ;  & 
upon  due  proof  thereof  such  member  shall  forfeit  his  seat  in  the  Legis- 
lature. 

No.  10. 

The  doors  of  the  galleries  of  each  House  of  the  Legislature  shall  be 
kept  open  to  all  persons  who  behave  decently,  except  when  the  welfare 
of  the  State  in  the  opinion  of  either  branch  shall  require  secrecy. 


SENATE. 
No.  II. 


That  the  several  paragraphs  under  the  head  of  Senate  be  expunged, 
and  the  following  be  substituted  in  lieu  thereof:  viz. 

The  Senate  shall  consist  of  thirteeti  members  who  shall  hold  their 
office  for  one  year  from  the  last  Wednesday  of  October  next  ensuing 
their  election. 


Il6  STATE    OF   NEW    HAMPSHIRE. 

No.    12. 

And,  that  the  State  may  be  equally  represented  in  the  Senate,  the 
Legislature  shall  from  time  to  time  divide  the  State  into  thirteen  dis- 
tricts as  nearly  equal  as  may  be,  without  dividing  towns  and  unincor- 
porated places  ;  and  in  making  this  division  they  shall  govern  themselves 
by  the  proportion  of  public  taxes  paid  by  the  said  districts,  and  timely 
make  known  to  the  inhabitants  of  the  State  the  limits  of  each  district. 

No.    13. 

The  freeholders  and  other  inhabitants  of  each  district  qualified  as  in 
this  Constitution  is  provided,  shall  annually  give  in  their  votes  for  a 
Senator  at  some  meeting  holden  in  the  month  of  March. 

No.  14. 
The  Senate  shall  be  the  first  branch  of  the  Legislature  ;  and  the  Sen- 
ators shall  be  chosen  in  the  following  manner,  viz :  Every  male  inhabi- 
tant of  each  town  &  parish  with  town  priviledges,  and  places  unincor- 
porated in  this  State,  of  twenty-one  years  and  upwards,  excepting 
paupers,  and  persons  excused  from  paying  taxes  at  their  own  request, 
shall  have  a  right  at  the  annual  or  other  meetings  of  the  inhabitants  of 
said  towns  &  parishes,  to  be  duely  warned  &  holden  annually  forever 
in  the  month  of  March,  to  vote  in  the  town  or  parish  wherein  he  dwells, 
for  the  Senators  in  the  district  whereof  he  is  a  member. 

No.  15. 

Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  Senator  who  is  not  seized  of  a  freehold  estate  in  his  own 
right  of  the  value  of  two  hundred  pounds,  lying  within  this  State,  who 
is  not  of  the  age  of  thirty  years,  and  who  shall  not  have  been  an  Inhab- 
itant of  this  State  for  seven  years  immediately  preceding  his  election ; 
and  at  the  time  thereof  he  shall  be  an  inhabitant  of  the  district  for 
which  he  shall  be  chosen. 

No.  16. 

And  every  person  qualified  as  the  Constitution  provides,  shall  be 
considered  an  inhabitant  for  the  purpose  of  electing  and  being  elected 
into  any  office  or  place  within  this  State,  in  that  town,  parish  and  plan- 
tation where  he  dwelleth  and  hath  his  home. 

No.  17. 
And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  Constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government  or  shall  be 
taxed  therefor,  shall  have  the  same  priviledge  of  voting  for  Senators  in 
the  plantations  &  places  wherein  they  reside,  as  the  inhabitants  of  the 
respective  towns  &  parishes  aforesaid  have.  And  the  meetings  of  such 
plantations  &  places  for  that  purpose,  shall  be  holden  annually  in  the 
month  of  March,  at  such  places  respectively  therein,  as  the  assessors 
thereof  shall  direct ;  which  assessors  shall  have  like  authority  for  noti- 
fying the  electors,  collecting  &  returning  the  votes,  as  the  Selectmen 
&:  Town  Clerks  have  in  their  several  towns  by  this  Constitution. 

No.  18. 
The  meetings  for  the  choice  of  Governor,  Counsellors  &  Senators 
shall  be  warned  by  warrant  from  the  Selectmen,  &  governed  by  a  mod- 


JOURNAL    OF    CONVENTION.  11/ 

erator,  who  shall  in  the  presence  of  the  Selectmen  (whose  duty  it  shall 
be  to  attend)  in  open  meeting  receive  the  votes  of  all  the  inhabitants 
of  such  towns  &  parishes  present  &  qualified  to  vote  for  Senators.  & 
shall  in  said  meetings,  in  presence  of  the  said  selectmen  &  of  the  town 
Clerk,  in  said  meeting  sort  and  count  the  said  votes  &  make  a  public 
declaration  thereof,  with  the  name  of  every  person  voted  for,  &  the 
number  of  votes  for  each  person.  And  the  town  Clerk  shall  make  a 
fair  record  of  the  same  at  large  in  the  Town  book  &  shall  make  out  a 
fair  attested  copy  thereof,  to  be  by  him  sealed  up  and  directed  to  the 
Secretary  of  the  State,  with  a  superscription  expressing  the  purport 
thereof:  And  the  said  Town  clerk  shall  cause  such  attested  copy  to  be 
delivered  to  the  sheriff  of  the  County  in  which  such  town  or  parish 
shall  lie  forty  days  at  least  before  the  last  Wednesday  of  October,  or  to 
the  Secretary  of  the  State  at  least  thirty  days  before  the  said  last 
Wednesday  of  October  ; — and  the  Sheriff  of  each  County  or  his  deputy 
shall  deliver  all  such  certificates  by  him  received,  into  the  Secretary's 
office  at  least  thirty  days  before  the  last  Wednesday  of  October. 

No.  19. 
And,  that  there  may  be  a  due  meeting  of  Senators  on  the  last 
Wednesday  of  October  annually,  the  Governor  &  a  majority  of  the 
Council  for  the  time  being,  shall  as  soon  as  may  be,  examine  the  re- 
turned copies  of  such  records  :  &  fourteen  days  before  the  said  last 
Wednesday  of  October,  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen  Senators  by  a  majority  of  votes,  to  attend  &  take 
their  seats  on  that  day :  Provided  nevertheless,  that  for  the  first  year, 
the  said  returned  copies  shall  be  examined  by  the  President  &  a  ma- 
jority of  the  Council  then  in  ofiiice,  and  the  said  President  shall  in  like 
manner  notify  the  persons  elected,  to  attend  and  take  their  seats  ac- 
cordingly. 

No.  20. 
And,  in  case  there  shall  not  appear  to  be  a  Senator  elected  by  a  ma- 
jority of  votes  for  any  district,  the  deficiency  shall  be  supplied  in  the 
following  manner,  viz :  The  members  of  the  House  of  Representatives 
&  such  Senators  as  shall  be  declared  elected,  shall  take  the  names  of 
the  two  persons  having  the  highest  number  of  votes  in  the  district;  & 
out  of  these  shall  elect  by  joint  ballot,  the  Senator  wanting  for  such 
district ;  &  in  this  manner  all  such  vacancies  shall  be  filled  up  in  every 
district  of  the  State ;  &  in  like  manner  all  vacancies  in  the  Senate 
arising  by  death,  removal  out  of  the  State,  or  otherwise,  shall  be  sup- 
plied as  soon  as  may  be,  after  such  vacancies  happen. 

No.  21. 
The  Senate  shall  be  final  judges  of  the  elections,  returns  &  qualifica- 
tions of  their  own  members  as  pointed  out  in  this  Constitution. 

No.  22. 
The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time  ; — Provided  fievert/ieless, 
That  whenever  they  shall  sit  on  the  trial  of  any  impeachment,  they  may 
adjourn  to  such  time  &  place  as  they  may  think  proper,  although  the 
Legislature  be  not  assembled  on  such  day  or  at  such  place. 

No.  23. 
The  Senate  shall  appoint  their  President  &  other  officers,  &  determine 


Il8  STATE    OF   NEW    HAMPSHIRE. 

their  own  rules  of  proceeding  :  And  not  less  than  seven  members  of  the 
Senate  shall  make  a  quorum  for  doing  business  ;  &  when  less  than  eight 
Senators  shall  be  present,  the  assent  of  five  at  least  shall  be  necessary 
to  render  their  acts  and  proceedings  valid. 

No.  24. 
The  Senate  shall  be  a  Court  with  full  power  &  authority  to  hear,  try 
&  determine  all  impeachments  made  by  the  House  of  Representatives 
against  any  officer  or  officers  of  the  State  for  bribery,  corruption,  mal- 
practice, or  mal-administration  in  office,  with  full  power  to  issue  sum- 
mons or  compulsory  process  for  convening  witnesses  before  them,  with 
all  necessary  powers  incident  to  a  Court  of  trials.  But  previous  to  the 
trial  of  any  such  Impeachment,  the  members  of  the  Senate  shall  respec- 
tively be  sworn,  truly  &  impartially  to  try  &  determine  the  charge  in 
question  according  to  evidence.  And  every  officer  impeached  for  brib- 
ery, corruption,  mal-practice  or  mal-administration  in  office,  shall  be 
served  with  an  attested  copy  of  the  Impeachment  &  order  of  Senate 
thereon,  with  such  citation  as  the  Senate  may  direct,  setting  forth  the 
time  &  place  of  their  sitting,  to  try  the  impeachment ;  which  service 
shall  be  made  by  the  sheriff  or  such  other  sworn  officer  as  the  Senate 
may  appoint,  at  least  fourteen  days  previous  to  the  time  of  trial ;  &  such 
citation  being  duly  served  &  returned,  the  Senate  may  proceed  in  the 
hearing  of  the  Impeachment,  giving  the  person  impeached,  if  he  shall 
appear,  full  liberty  of  producing  witnesses  &  proofs,  &  of  making  his 
defence  by  himself  &  Council,  &  may  also  upon  his  refusing  or  neglect- 
ing to  appear,  hear  the  proofs  in  support  of  the  impeachment,  &  render 
Judgment  thereon, — his  non-appearance  notwithstanding — &  such  Judg- 
ment shall  have  the  same  force  &  effect,  as  if  the  person  impeached  had 
appeared  &  pleaded  on  the  trial.  Their  judgment,  however,  shall  not 
extend  further  than  removal  from  office,  disqualification  to  hold  or  enjoy 
any  place  of  honor,  trust,  or  profit  under  this  State  ;  but  the  party  so 
convicted,  shall  nevertheless  be  liable  to  indictment,  trial,  judgment  & 
punishment,  according  to  the  laws  of  the  land.  Whenever  the  Gov- 
ernor shall  be  impeached,  the  Chief  Justice  of  the  Supreme  Judicial 
Court,  shall  during  the  trial  preside  in  the  Senate,  but  have  no  vote 
therein. 

Under  the  head  House  of  Representatives. 

No.  25. 

That  the  fifth  Paragraph  under  this  head  be  expunged  &  the  follow- 
ing added : 

All  persons  qualified  to  vote  in  the  election  of  Senators  shall  be  inti- 
tled  to  vote  within  the  district  where  they  dwell  in  the  choice  of  Repre- 
sentatives. Every  member  of  the  House  of  Representatives  shall  be 
chosen  by  ballot ;  &  for  two  years  at  least  next  preceding  his  election, 
shall  have  been  an  inhabitant  of  this  State  ;  shall  have  an  estate  within 
the  district  which  he  may  be  chosen  to  represent,  of  the  value  of  one 
hundred  pounds,  one  half  of  which  to  be  a  freehold,  whereof  he  is  seized 
in  his  own  right;  &  shall  be  at  the  time  of  his  election,  an  inhabitant 
of  the  district  he  may  be  chosen  to  represent,  &  shall  cease  to  repre- 
sent such  district  immediately  on  his  ceasing  to  be  qualified  as  aforesaid. 

No.  26. 

That  the  sixth  article  under  said  head  be  expunged  &  the  following 
added : — 


JOURNAL   OF   CONVENTION.  II9 

The  members  of  both  Houses  of  the  Legislature  shall  be  compensat- 
ed for  their  services  out  of  the  Treasury  of  the  State  by  a  Law  made  for 
that  purpose  ;  such  member  attending  seasonably  &  not  departing  with- 
out license.  All  intermediate  vacancies  in  the  House  of  Representa- 
tives, may  be  filled  up  from  time  to  time  in  the  same  manner  as  annual 
elections  are  made. 

No.  27. 

The  House  of  Representatives  shall  be  judge  of  the  returns,  elections, 
&  qualifications  of  its  members,  as  pointed  out  in  this  Constitution. 
That  the  last  paragraph  under  the  head  of  House  of  Representatives 
be  expunged,  &  the  following  added  ;  viz. 

No.  28. 
The  Journals  of  the  proceedings,  &  all  the  public  acts  of  both  Houses 
of  the  Legislature,  shall  be  printed  &  published  immediately  after  every 
adjournment,  or  prorogation ;  and  upon  motion  made  by  any  one  mem- 
ber, the  yeas  and  nays  upon  any  question,  shall  be  entered  in  the  Jour- 
nals ;  And  any  member  of  the  Senate  or  House  of  Representatives 
shall  have  a  right,  on  motion  made  at  the  time  for  that  purpose,  to  have 
his  protest  or  dissent  with  the  reasons  against  any  vote,  resolve  or  bill 
passed,  entered  on  the  Journals. 


EXECUTIVE   POWER. 

GOVERNOR. 

No.  29. 

The  Governor  shall  be  chosen  annually  in  the  month  of  March,  & 
the  votes  for  Governor  shall  be  received,  counted,  sorted,  certified  & 
returned  in  the  same  manner  as  the  votes  for  Senators  ;  &  the  Secreta- 
ry shall  lay  the  same  before  the  Senate  &  House  of  Representatives,  on 
the  last  Wednesday  of  October  to  be  by  them  examined,  and  in  case 
of  an  election  by  a  majority  of  votes  through  the  State,  the  choice 
shall  be  by  them  declared  &  published. 

No.  30. 

And  the  qualifications  of  electors  of  the  Governor  shall  be  the  same 
as  those  for  Senators  ;  and  if  no  person  shall  have  a  majority  of  votes, 
the  Senate  &:  House  of  Representatives  shall  by  joint  ballot  elect  one 
of  the  two  persons  having  the  highest  number  of  votes,  who  shall  be 
declared  Governor. 

No.  31. 

And  no  person  shall  be  eligible  to  this  office,  unless  at  the  time  of 
his  election  he  shall  have  been  an  inhabitant  of  this  State  for  seven 
years  next  preceding ;  &  unless  he  shall  be  of  the  age  of  thirty  years, 
and  unless  he  shall  at  the  same  time,  have  an  estate  of  the  value  of 
five  hundred  pounds,  one  half  of  which  shall  consist  of  a  freehold  in. 
his  own  right  within  this  State. 

No.  32. 

In  cases  of  disagreement  between  the  two  houses  with  regard  to  the 
time  or  place  of  adjournment  or  prorogation,  the  Governor,  with  advice 
of  Council,  shall  have  a  right  to  adjourn  or  prorogue  the  General  Court 
not  exceeding  seven  months  at  any  one  time,  as  he  may  determine  the 


120  STATE    OF   NEW    HAMPSHIRE. 

public  good  may  require,  to  meet  at  the  place  where  the  Gen^  Court 
shall  be  at  that  time  sitting ;  and  he  shall  dissolve  the  same  seven  days 
before  the  said  last  Wednesday  of  October. 

No.  33. 
And  in  case  of  any  infectious  distemper  prevailing  in  the  place  where 
the  said  Court  is  to  convene,  or  any  other  cause  whereby  dangers  may 
arise  to  the  health  or  lives  of  the  members  from  their  attendance,  the 
Governor  may  direct  the  session  to  be  holden  at  some  other  the  most 
convenient  place  within  the  State. 

No.  34. 

Every  bill,  which  shall  have  passed  both  Houses  of  the  General 
Court,  shall  before  it  become  a  law.  be  presented  to  the  Governor ;  if 
he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his  ob- 
jections to  that  house  in  which  it  shall  have  originated,  who  shall  enter 
the  objections  at  large  on  their  Journal  and  proceed  to  reconsider  it. 
If  after  such  reconsideration  two  thirds  of  that  House  shall  agree  to 
pass  the  bill,  it  shall  be  sent  together  with  such  objections  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered  ;  and  if  approved  by 
two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  persons  voting  for  or  against  the  bill  shall  be  entered 
on  the  Journal  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  Governor  within  five  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  Legislature  by  their  adjournment 
prevent  its  return ; — in  which  case  it  shall  not  be  a  law. 

No.  35. 
Every  resolve  shall  be  presented  to  the  Governor  &  before  the  same 
shall  take  effect,  shall  be  approved  by  him,  or,  being  disapproved  by 
him  shall  be  repassed  by  the  Senate  and  House  of  Representatives, 
according  to  the  rules  &  limitations  prescribed  in  the  case  of  a  bill. 

No.  36. 
All  Judicial  officers,  the  Attorney  General,  Solicitors,  all  Sheriffs, 
Coroners,  Registers  of  Probate,  &  all  officers  of  the  Navy,  &  General 
&  field  officers  of  the  Militia,  shall  be  nominated  &  appointed  by  the 
Governor  &  Council ;  &  every  such  nomination  shall  be  made  at  least 
three  days  prior  to  such  appointment ;  &  no  appointment  shall  take 
place,  unless  a  majority  of  the  Council  agree  thereto.  The  Governor  & 
Council  shall  have  a  negative  on  each  other  both  in  the  nominations  & 
appointments.  Every  nomination  &  appointment  shall  be  signed  by 
the  Governor  or  Council ;  &  every  negative  shall  be  also  signed  by  the 
Governor  or  Council  who  made  the  same. 

No.    37. 
The  Captains  &  Subalterns  in  the  respective  regiments  shall  be  nomi- 
nated by  the  field  officers,  &  if  approved  by  th.j  Governor  shall  be  ap- 
pointed by  him. 

No.    38. 

Whenever  the  Chair  of  the  Governor  shall  become  vacant  by  reason 
of  his  death,  absence  from  the  State  or  otherwise,  the  President  of  the 


JOURNAL    OF    CONVENTION.  121 

Senate,  shall,  during  such  vacanc}',  have  and  exercise  all  the  powers 
and  authorities  which  by  this  Constitution  the  Governor  is  vested  with 
when  personally  present :  But  when  the  President  of  the  Senate  shall 
exercise  the  office  of  Governor,  he  shall  not  hold  his  office  in  the  Sen- 
ate. 

No.    39. 
The  several  paragraphs  under  the  head  "President"  in  the  Consti- 
tution, shall  be  altered  by  expunging  the  word  *'  President,"  and  insert- 
ing the  word  Governor  in  lieu  thereof. 

No.    40. 
And  the  second,  third,  fourth,  sixth,  ninth,  sixteenth,  and  last  para- 
graph, under  the  head   "  President"  in  the  Constitution,  shall  be  ex- 
punged, and  be  considered  as  no  longer  in  force. 


COUNCIL. 

No.   41. 

The  several  paragraphs  under  the  head  Council  in  the  Constitution 
shall  be  expunged,  and  the  following  substituted  in  lieu  thereof: 

There  shall  be  annually  elected  by  ballot  five  Councillors  for  advis- 
ing the  Governor  in  the  Executive  part  of  Government :  The  free- 
holders and  other  inhabitants  in  each  county  qualified  to  vote  for 
Senators,  shall  some  time  in  the  month  of  March  give  in  their  votes  for 
one  Councillor; — which  votes  shall  be  received,  sorted,  counted,  certi- 
fied and  returned  to  the  Secretary's  office,  in  the  same  manner  as  the 
votes  for  Senators,  to  be  by  the  Secretary  laid  before  the  Senate  and 
house  of  Representatives  on  the  last  Wednesday  of  October. 

No.  42. 
And  the  person  having  a  majority  of  votes  in  any  County  shall  be  con- 
sidered as  duly  elected  a  Councillor :  But  if  no  person  shall  have  a  ma- 
jority of  votes  in  any  County,  the  Senate  and  House  of  Representatives 
shall  take  the  names  of  the  two  persons  who  have  the  highest  number 
of  votes  in  each  County  and  not  elected,  and  out  of  those  two  shall  elect 
by  joint  ballot,  the  Councillor  wanted  for  such  County. 

No.  43. 
Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  Councillor,  who  has  not  an  estate  of  the  value  of  five  hun- 
dred pounds,  within  this  State,  three  hundred  pounds  of  which  or 
more  shall  be  a  freehold  in  his  own  right ;  and  who  is  not  thirty  years 
of  age,  and  who  shall  not  have  been  an  inhabitant  of  this  State  for 
seven  years  immediately  preceding  his  election,  and  at  the  time  of  his 
election  an  inhabitant  of  the  County  in  which  he  is  elected. 

No.  44. 
The  Secretary  shall  annually,  seventeen  days  before  the  last  Wednes- 
day of  October,  give  notice  of  the  choice  of  the  persons  elected. 

No.  45. 
If  any  person  shall  be  elected  Governor  or  member  of  either  branch 
of  the  Legislature,  and  shall  accept  the  trust,  or  if  any  person  elected  as 


122  STATE    OF    NEW    HAMPSHIRE. 

Councillor  shall  refuse  to  accept  the  office,  or  in  case  of  the  death,  res- 
ignation, or  removal  of  any  Councillor  out  of  the  State,  the  Governor 
may  issue  a  precept  for  the  election  of  a  new  Councillor  in  that  County 
where  such  vacancy  shall  happen,  and  the  choice  shall  be  in  the  same 
manner  as  before  directed.  The  Governor  shall  have  power  and  au- 
thority to  convene  the  Council  from  time  to  time  at  his  discretion,  and 
with  them  or  the  majority  of  them,  may  and  shall  from  time  to  time 
hold  a  Council  for  ordering  and  directing  the  affairs  of  the  State  accord- 
ing to  the  Law  of  the  land. 

No.  46. 

The  members  of  the  Council  may  be  impeached  by  the  House  and 
tried  by  the  Senate  for  bribery,  corruption,  mal-practice  or  mal-admin- 
istration.  The  resolutions  and  advice  of  the  Council  shall  be  recorded 
by  the  Secretary  in  a  register,  and  signed  by  all  the  members  present 
agreeing  thereto  ;  and  this  record  may  be  called  for  at  any  time,  by 
either  House  of  the  Legislature  ;  and  any  member  of  the  Council  may 
enter  his  opinion  contrary  to  the  resolutions  of  the  majority,  with  the 
reasons  for  such  opinion. 

No.  47. 

The  Legislature  may,  if  the  public  good  shall  hereafter  require  it,  di- 
vide the  State  into  five  districts  as  nearly  equal  as  may  be,  governing 
themselves  by  the  number  of  rateable  polls  &  proportion  of  public  taxes, 
each  District  to  select  a  Councillor;  and  in  case  of  such  division,  the 
manner  of  the  choice  shall  be  conformable  to  the  present  mode  of  elec- 
tion in  Counties. 

No.  48, 
And  whereas  the  elections  appointed  to  be  made  by  this  Constitution 
on  the  last  Wednesday  of  October  annually  by  the  two  Houses  of  the 
Legislature  may  not  be  completed  on  that  day,  the  said  elections  may 
be  adjourned  from  day  to  day  until  the  same  shall  be  completed.  And 
the  order  of  the  elections  shall  be  as  follows  :  The  vacancies  in  the  Sen- 
ate, if  any,  shall  be  first  filled  up;  the  Governor  shall  then  be  elected, 
provided  there  shall  be  no  choice  of  him  by  the  people,  and  afterwards 
the  two  houses  shall  proceed  to  fill  up  the  vacancy,  if  any,  in  the  Coun- 
cil. 

Under  the  head  Secretary,  &c. 

No.  49. 

The  Secretary  of  the  State  shall  at  all  times  have  a  deputy  to  be  by 
him  appointed,  for  whose  conduct  in  office  he  shall  be  responsible,  and 
in  case  of  the  death,  removal  or  inability  of  the  Secretary,  his  deputy 
shall  exercise  all  the  duties  of  the  office  of  Secretary  of  this  State 
until  another  shall  be  appointed. 

No.  50. 
The  Secretary  before  he  enters  upon  the  business  of  his  office,  shall 
give  bond  with  sufficient  sureties  in  a   reasonable  sum  for  the  use  of 
the  State,  for  the  punctual  performance  of  his  trust. 

County  Treasurer,  &c. 

No.  51. 
That  the  paragraph  under  this  head  in  the  Constitution  be  expunged, 
and  the  following  substituted  in  the  lieu  thereof: 


JOURNAL    OF    CONVENTION.  1 23 

The  County  Treasurer  and  Register  of  Deeds,  shall  be  elected  by 
the  inhabitants  of  the  several  Towns  in  the  several  Counties  in  the  State, 
according  to  the  method  now  practised  and  the  laws  of  the  State  ;  Pro- 
vided nevertheless,  the  Legislature  [shall  have  authority]  to  alter  the 
manner  of  certifying  the  votes  and  the  mode  of  electing  those  officers, 
but  not  so  as  to  deprive  the  people  of  the  right  they  now  have  of  elect- 
ing them. 

No.  52. 

And  the  Legislature  on  the  application  of  the  major  part  of  the  in- 
habitants of  any  County  shall  have  authority  to  divide  the  same  into 
two  districts,  for  registering  deeds,  if  to  them  it  shall  appear  neces- 
sary— each  district  to  elect  a  Register  of  deeds. 

No.  53. 

The  County  Treasurer  and  Register  of  deeds  before  they  enter  upon 
the  business  of  their  offices,  shall  be  respectively  sworn  faithfully  to 
discharge  the  duties  thereof,  and  shall  severally  give  bond  with  suffi- 
cient sureties  in  a  reasonable  sum  for  the  use  of  the  County  or  District, 
for  the  punctual  performance  of  their  respective  trusts. 


JUDICIARY   POWER. 

No.  54. 

It  shall  be  the  duty  of  the  General  Court  to  make  a  reform  in  the  Judi- 
ciary system,  that  justice  may  be  administered  in  a  more  cheap  and  ex- 
peditious manner  than  is  now  practised  ;  and  that  no  party  shall  have  a 
review  after  the  cause  has  been  determined  against  him  twice  by  Jury. 

No.  55. 

The  General  Court  are  hereby  empowered  to  make  alterations  in  the 
power  and  jurisdiction  of  the  Courts  of  common  pleas  and  General  Ses- 
sions of  the  peace  respectively ;  or  if  they  shall  judge  it  necessary  for 
the  public  good,  to  abolish  those  Courts,  or  either  of  them,  and  invest 
such  other  courts  as  they  may  establish,  with  the  jurisdiction  and  pow- 
ers now  vested  in  the  Courts  of  common  pleas  and  Courts  of  General 
Sessions  of  the  peace,  as  the  General  Court  may  from  time  to  time 
judge  expedient  for  the  due  administration  of  law  and  justice. 

No.  56. 

And  it  shall  be  the  duty  of  the  General  Court  to  vest  in  such  Court 
or  Courts  of  law  as  to  them  may  appear  expedient,  the  power  of  grant- 
ing new  trials,  or  a  trial  after  judgment,  either  upon  verdict  of  a  Jury, 
default,  non-suit,  or  complaint  for  affirmation  of  judgment,  in  all  cases 
where  substantial  justice  has  not  been  done  (except  as  before  except- 
ed) in  such  manner  and  under  such  restrictions  and  regulations  as  to 
the  General  Court  may  appear  for  the  public  good  ; — Provided,  applica- 
tion be  made  for  such  reviews  or  trial  within  one  year  from  the  rendi- 
tion of  judgment. 

No.  57. 

For  the  more  effectually  preserving  the  proper  separation  of  the  three 
great  powers  of  Government  agreeably  to  the  yj^"^^  article  in  the  Bill  of 
rights,  the  power  of  hearing  and  deciding  in  causes  of  equity  shall  be 
vested  either  in  some  judicial  Court  or  Courts,  or  in  some  Court  to  be 


124  STATE    OF    NEW    HAMPSHIRE. 

established  specially  for  that  purpose  :  Provided,  no  power  shall  be 
granted  to  any  such  Courts  incompatible  with  the  Bill  of  rights  and 
Constitution ;  and  the  powers  of  said  Courts  shall  be  limited  and  de- 
fined by  express  laws — and  no  suit  in  equity  shall  be  sustained  where 
clear  and  adequate  remedy  may  be  had  at  law. 

No.  58. 
The  General  Court  are  empowered  to  give  to  justices  of  the  peace 
jurisdiction  in  civil  causes  when  the  damages  demanded  shall  not  ex- 
ceed four  pounds,  and  title  of  real  estate  is  not  concerned ;  but  with 
right  of  appeal  to  either  party  to  some  other  court,  so  that  a  trial  by 
Jury  in  the  last  resort  may  be  had. 

No.    59. 
No  person  shall  hold  the  office  of  Judge  of  any  Court,  or  Judge  of 
Probate,  or  Sheriff  of  any  County  after  he  has  attained  the  age  of  sev- 
enty years. 

No.    60. 
No  Judge  of  any  Court  or  justice  of  the  peace  shall  act  as  attorney, 
or  be  of  counsel  to  any  party,  or  originate  any  civil  suit  in  matters 
which  shall  come  or  be  brought  before  [him]  as  judge  or  justice  of  the 
peace. 

No.  61. 

All  matters  relating  to  the  Probate  of  Wills  and  granting  letters  of 
administration,  shall  be  exercised  by  the  Judges  of  probate  in  such  man- 
ner as  the  Legislature  have  directed  or  may  hereafter  direct — and  the 
judges  of  probate  shall  hold  their  Courts  at  such  place  or  places  on  such 
fixed  days  as  the  conveniency  of  the  people  may  require,  and  the  legis- 
ture  from  time  to  time  appoint. 

No.  62. 

No  judge  or  register  of  probate  shall  be  of  counsel,  act  as  advocate, 
or  receive  any  fees  as  advocate  or  counsel  in  any  probate  business  which 
is  pending  or  may  be  brought  into  any  Court  of  probate,  in  the  county 
of  which  he  is  judge  or  register. 

No.  63. 
That  the  paragraph  under  the  head  "Clerks  of  Court''  in  the  Con- 
stitution be  expunged,  and  the  following  substituted  : — viz. 

No.  64. 
The  Judges  of  the  Courts  (those  of  Probate  excepted)  shall  appoint 
their  respective  Clerks,  to  hold  their  office  during  pleasure.  And  no 
such  clerk  shall  act  as  an  attorney,  or  be  of  council  in  any  cause  in  the 
Court  of  which  he  is  clerk,  nor  shall  he  draw  any  writ  originating  a 
civil  action. 

No.  65. 
That  the  paragraph  in  the  Constitution  under  the  head,  "Delegates 
to  Congress,"  be  expunged. 

No.  66. 
The  Oath  of  allegiance  in  the  Constitution  shall  be  expunged,  and 
the  following  shall  be  substituted  in  lieu  thereof: 


JOURNAL    OF    CONVENTION.  125 

I,  A.  B do  solemnly  swear  that  I  will  bear  faith  and  true  al- 
legiance to  the  State  of  New  Hampshire,  and  will  support  the  Consti- 
tution thereof: —  So  help  me  God. 

No.  d"]. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance  shall 
not  be  obliged  to  take  said  oath  again. 

No.  68. 
And  the  Oath  or  affirmations  shall  be  taken  and  subscribed  by  the 
Governor  before  the  President  of  the  Senate,  in  presence  of  both 
houses  of  the  Legislature,  and  by  the  Senators  and  Representatives 
first  elected  under  this  Constitution  as  amended  and  altered,  before  the 
President  of  the  State  and  a  majority  of  the  Councillors  then  in  office  ; 
and  forever  afterwards  before  the  Governor  and  Council  for  the  time 
being ;  and  by  all  other  officers,  before  such  persons  and  in  such  man- 
ner as  the  Legislature  shall  from  time  to  time  appoint. 

No.  69. 
That  the  15*^  paragraph  in  this  Constitution  under  the  head  "Oaths  & 
Subscriptions"  &c.  be  expunged,  and  the  following  substituted  in  lieu 
thereof,  viz.  : 

No.  70. 

No  person  holding  the  office  of  Judge  of  any  Court — except  special 
Judges, — Secretary,  Treasurer  of  the  State,  Attorney  General,  Commis- 
sary General,  Military  Officers  receiving  pay  from  the  Continent  or  this 
State, — excepting  officers  of  the  militia  occasionally  called  forth  on  an 
emergency, — Register  of  deeds.  Sheriff  or  officer  of  the  Customs,  includ- 
ing Naval  officers.  Collectors  of  excise  and  State  and  Continental  taxes 
hereafter  appointed,  and  not  having  settled  their  accounts  with  the  re- 
spective officers  with  whom  it  is  their  duty  to  settle  such  accounts, 
members  of  Congress  or  any  person  holding  an  office  under  the  United 
States,  shall  at  the  same  time  hold  the  office  of  Governor,  or  have  a 
seat  in  the  Senate  or  House  of  Representatives  or  Council ;  but  his 
being  chosen  and  appointed  to,  and  accepting  the  same,  shall  operate 
as  a  resignation  of  his  seat  in  the  Chair  of  the  Senate  or  House  of  Rep- 
resentatives or  Council,  and  the  place  so  vacated  shall  be  filled  up.  No 
m.ember  of  the  Council  shall  have  a  seat  in  the  Senate  or  House  of 
Representatives. 

No.  71. 

To  the  end  that  there  may  be  no  failure  of  justice  or  danger  to  the 
State  by  the  alterations  and  amendments  made  in  the  Constitution,  the 
General  Court  is  hereby  fully  authorized  and  directed  to  fix  tlie  time 
when  the  Amendments  and  alterations  shall  take  effect,  and  make  the 
necessary  arrangement  accordingly.  That  the  last  paragraph  in  the 
Constitution  be  expunged,  and  the  following  substituted  in  lieu  thereof, 
viz.  : 

No.  72.* 

It  shall  be  the  duty  of  the  Selectmen  and  Assessors  of  the  several 
towns  and  places  in  this  State,  in  warning  the  first  annual  meeting  for 
the  choice  of  Senators,  after  the  expiration  of  seven  years  from  the 

*  This  article  in  its  present  form  was  sent  out  with  the  revised  and  amended  constitution, 
but  the  original  is  not  found  in  the  MS.  Journal. — Ed. 


126  STATE    OF    NEW    HAMPSHIRE. 

adoption  of  this  Constitution  as  amended,  to  insert  expressly  in  the 
warrant  this  purpose,  among  the  others,  for  the  meeting,  to  wit :  To 
take  the  sense  of  the  qualified  voters  on  the  subject  of  a  revision  of 
the  Constitution  :  And  the  meeting  being  warned  accordingly,  and  not 
otherwise,  the  Moderator  shall  take  the  sense  of  the  qualified  voters 
present,  as  to  the  necessity  of  a  revision ;  and  a  return  of  the  number 
of  votes  for  and  against  such  necessity,  shall  be  made  by  the  clerk, 
sealed  up,  and  directed  to  the  General  Court,  at  their  then  next  session  ; 
and  if  it  shall  appear  to  the  General  Court,  by  such  returns,  that  the 
sense  of  the  people  of  the  State  has  been  taken,  and  that  in  the  opin- 
ion of  the  majority  of  the  qualified  voters  in  the  State  present,  and 
voting  at  said  meeting,  there  is  a  necessity  for  a  revision  of  the  Con- 
stitution, it  shall  be  the  duty  of  the  General  Court  to  call  a  Convention 
for  that  purpose;  otherwise,  the  General  Court  shall  direct  the  sense 
of  the  people  to  be  taken,  and  then  proceed  in  the  manner  before  men- 
tioned. The  delegates  to  be  chosen  in  the  same  manner  and  propor- 
tioned as  the  representatives  to  the  General  Court : — Provided^  that  no 
alterations  shall  be  made  in  this  Constitution,  before  the  same  shall  be 
laid  before  the  towns  and  unincorporated  places,  and  approved  by  two 
thirds  of  the  qualified  voters  present,  and  voting  on  the  subject.  And 
the  same  method  of  taking  the  sense  of  the  people,  as  to  the  revision 
of  the  Constitution  and  calling  a  Convention  for  that  purpose,  shall  be 
observed  afterwards  at  the  expiration  of  every  seven  years. 

JOHN  PICKERING, 

President,  P.  T. 
Attest :  John  Calfe,  Secretary. 

NOTE   BY   THE   EDITOR. 

[Here  follows  the  amended  Constitution,  wdth  the  aforesaid  alterations 
and  amendments  incorporated  as  sent  out  to  the  people  in  February,  1792  ; 
but,  inasmuch  as  the  several  articles  in  the  Bill  of  Rights  (as  before 
printed — pp.  71-76)  were  unaltered — except  article  6''%  with  slight 
verbal  alterations  in  iS''^  and  19"%  and  the  rejection  of  the  39*^, — it  is 
deemed  entirely  unnecessary  to  repeat  them.  In  what  follows,  under 
the  head  of  Part  II,  the  alterations  and  amendments  are  incorporated.] 


part   II. 


FORM   OF   GOVERNMENT. 

The  people  inhabiting  the  territory  formerly  called  the  Province  of 
New  Hampshire,  do  hereby  solemnly  and  mutually  agree  with  each 
other,  to  form  themselves  into  a  free,  sovereign,  and  independent  Body- 
Politic,  or  State,  by  the  name  of  the  State  of  New  Hajiip shire. 


GENERAL   COURT. 

The  Supreme  Legislative  Power,  within  this  State,  shall  be  vested  in 
the  Senate  and  House  of  Representatives,  each  of  which  shall  have  a 
negative  on  the  other. 


JOURNAL    OF    CONVENTION.  12/ 

The  Senate  and  House  shall  assemble  every  year  on  the  last  Wednes- 
day of  October,  and  at  such  other  times  as  they  may  judge  necessary ; 
and  shall  dissolve,  and  be  dissolved,  seven  days  next  preceding  the  said 
last  Wednesdav  of  October:  and  shall  be  stiled  THE  GENERAL 
COURT  OF  NEW  HAMPSHIRE. 

The  General  Court  shall  forever  have  full  power  and  authority  to  erect 
and  constitute  Judicatories  and  Courts  of  Record,  or  other  Courts,  to  be 
holden  in  the  name  of  the  State,  for  the  hearing,  trying,  and  determin- 
ing, all  manner  of  crimes,  offences,  pleas,  processes,  plaints,  actions, 
causes,  matters  and  things  whatsoever,  arising  or  happening  within  this 
State,  or  between  or  concerning  persons  inhabiting  or  residing,  or 
brought  within,  the  same,  whether  the  same  be  criminal  or  civil,  or 
whether  the  crimes  be  capital,  or  not  capital,  and  whether  the  said  pleas 
be  real,  personal,  or  mixed ;  and  for  the  awarding  and  issuing  execu- 
tion thereon.  To  which  Courts  and  Judicatories,  are  hereby  given  and 
granted,  full  power  and  authority,  from  time  to  time,  to  administer  oaths 
or  affirmations,  for  the  better  discovery  of  truth  in  any  matter  in  con- 
troversy, or  depending  before  them. 

And  farther,  full  power  and  authority  are  hereby  given  and  granted  to 
the  said  General  Court,  from  time  to  time,  to  make,  ordain,  and  establish, 
all  manner  of  wholesome  and  reasonable  orders,  laws,  statutes,  ordinan- 
ces, directions,  and  instructions,  either  with  penalties  or  without,  so  as 
the  same  be  not  repugnant  or  contrary  to  this  Constitution,  as  they  may 
judge  for  the  benefit  and  welfare  of  this  State,  and  for  the  governing 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  for  the  necessary 
support  and  defence  of  the  government  thereof;  and  to  name  and  settle 
annually,  or  provide  by  fixed  laws  for  the  naming  and  settling,  all  civil 
ofiicers  within  this  State  ;  such  officers  excepted,  the  election  and  ap- 
pointment of  whom  are  hereafter  in  this  form  of  government  otherwise 
provided  for ;  and  to  set  forth  the  several  duties,  powers,  and  limits,  of 
the  several  civil  and  military  officers  of  this  State,  and  the  forms  of  such 
oaths  or  affirmations  as  shall  be  respectively  administered  unto  them, 
for  the  execution  of  their  several  offices  and  places,  so  as  the  same  be 
not  repugnant  or  contrary  to  this  Constitution  ;  and  also  to  impose  fines, 
mulcts,  imprisonments,  and  other  punishments ;  and  to  impose  and 
levy  proportional  and  reasonable  assessments,  rates,  and  taxes,  upon  all 
the  inhabitants  of,  and  residents  within,  the  said  State  ;  and  upon  all  es- 
tates within  the  same  ;  to  be  issued  and  disposed  of  by  warrant,  under 
the  hand  of  the  Governor  of  this  State  for  the  time  being,  with  the  ad- 
vice and  consent  of  the  Council,  for  the  public  service,  in  the  necessary 
defence  and  support  of  the  government  of  this  State,  and  the  protection 
and  preservation  of  the  subjects  thereof,  according  to  such  acts  as  are, 
or  shall  be,  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  part  thereof, 
shall  be  assessed  on  polls  and  estates  in  the  manner  that  has  heretofore 
been  practised ;  in  order  that  such  assessments  may  be  made  with 
equality,  there  shall  be  a  valuation  of  the  estates  within  the  State  taken 
anew  once  in  every  five  years  at  least,  and  as  much  oftener  as  the  Gen- 
eral Court  shall  order. 

No  member  of  the  General  Court  shall  take  fees,  be  of  counsel,  or 
act  as  advocate,  in  any  cause  before  either  branch  of  the  Legislature ; 
and  upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in  the 
Legislature. 


128  STATE    OF    NEW   HAMPSHIRE. 

The  doors  of  the  galleries  of  each  house  of  the  Legislature,  shall 
be  kept  open  to  all  persons  who  behave  decently,  except  when  the  wel- 
fare of  the  State,  in  the  opinion  of  either  branch,  shall  require  secrecy. 


SENATE. 

The  Senate  shall  consist  of  thirteen  members,  who  shall  hold  their 
office  for  one  year,  from  the  last  Wednesday  of  October  next  ensuing 
their  election. 

And  that  the  State  may  be  equally  represented  in  the  Senate,  the  Leg- 
islature shall  from  time  to  time,  divide  the  State  into  thirteen  districts 
as  nearly  equal  as  may  be  without  dividing  towns  and  unincorporated 
places  ;  and  in  making  this  division,  they  shall  govern  themselves  by 
the  proportion  of  public  taxes  paid  by  the  said  districts,  and  timely  make 
known  to  the  inhabitants  of  the  State  the  limits  of  each  district. 

The  freeholders  and  other  inhabitants  of  each  district,  qualified  as  in 
this  Constitution  is  provided,  shall  annually  give  in  their  votes  for  a 
Senator,  at  some  meeting  holden  in  the  month  of  March. 

The  Senate  shall  be  the  first  branch  of  the  Legislature  ;  and  the  Sen- 
ators shall  be  chosen  in  the  following  manner,  viz.  Every  male  inhabi- 
tant, of  each  town,  and  parish  with  town  privileges,  and  places  unin- 
corporated, in  this  State,  of  twenty-one  years  of  age  and  upwards,  ex- 
cepting paupers,  and  persons  excused  from  paying  taxes  at  their  own 
request,  shall  have  a  right,  at  the  annual  or  other  meetings  of  the  in- 
habitants of  said  towns  and  parishes,  to  be  duly  warned  and  holden  an- 
nually forever  in  the  month  of  March,  to  vote  in  the  town  or  parish 
wherein  he  dwells,  for  the  Senators  in  the  county  or  district  whereof  he 
is  a  member. 

Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  Senator,  vv'ho  is  not  seized  of  a  freehold  estate,  in  his  own 
right,  of  the  value  of  two  hundred  pounds,  lying  within  this  State,  who 
is  not  of  the  age  of  thirty  years,  and  who  shall  not  have  been  an  inhab- 
itant of  this  State  for  seven  years  immediately  preceding  his  election, 
and  at  the  time  thereof  he  shall  be  an  inhabitant  of  the  district  for 
which  he  shall  be  chosen. 

And  every  person,  qualified  as  the  Constitution  provides,  shall  be 
considered  an  inhabitant  for  the  purpose  of  electing  and  being  elected 
into  any  office  or  place  within  this  State,  in  the  town,  parish,  and  plan- 
tation, where  he  dwelleth  and  hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  Constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  Senators,  in 
the  plantations  and  places  wherein  they  reside,  as  the  inhabitants  of 
the  respective  towns  and  parishes  aforesaid  have.  And  the  meetings  of 
such  plantations  and  places  for  that  purpose,  shall  be  holden  annually 
in  the  month  of  March,  at  such  places  respectively  therein  as  the  asses- 
sors thereof  shall  direct ;  which  assessors  shall  have  like  authority  for 
notifying  the  electors,  collecting  and  returning  the  votes,  as  the  Select- 
men and  Town  Clerks  have  in  their  several  towns  by  this  Constitution. 

The  meetings  for  the  choice  of  Governor,  Council,  and  Senators, 
shall  be  warned  by  warrant  from  the  Selectmen,  and  governed  by  a 
Moderator,  who  shall,  in  the  presence  of  the  Selectmen,  (whose  duty 
it  shall   be  to  attend)  in  open  meeting,  receive  the  votes  of  all   the 


JOURNAL    OF    CONVENTION.  1 29 

inhabitants  of  such  towns  and  parishes  present,  and  qualified  to  vote 
for  Senators  ;  and  shall,  in  said  meetings,  in  presence  of  the  said  Se- 
lectmen and  of  the  Town  Clerk,  in  said  meeting,  sort  and  count  the 
said  votes,  and  make  a  public  declaration  thereof,  with  the  name  of 
every  person  voted  for,  and  the  number  of  votes  for  each  person :  And 
the  Town  Clerk  shall  make  a  fair  record  of  the  same  at  large,  in  the 
town  book,  and  shall  make  out  a  fair  attested  copy  thereof,  to  be  by 
him  sealed  up  and  directed  to  the  Secretary  of  the  State,  with  a  super- 
scription expressing  the  purport  thereof:  And  the  said  Town  Clerk 
shall  cause  such  attested  copy  to  be  delivered  to  the  Sheriff  of  the 
county  in  which  such  town  or  parish  shall  lie,  forty  days  at  least  before 
the  last  Wednesday  of  October ;  or  to  the  Secretary  of  the  State  at 
least  thirty  days  before  the  said  last  Wednesday  of  October:  And  the 
Sheritf  of  each  county,  or  his  Deputy,  shall  deliver  all  such  certificates 
by  him  received,  into  the  Secretary's  office,  at  least  thirty  days  before 
the  last  Wednesday  of  October. 

And  that  there  maybe  a  due  meeting  of  Senators  on  the  last  Wednes- 
day of  October  annually,  the  Governor,  and  a  majority  of  the  Council 
for  the  time  being,  shall,  as  soon  as  may  be,  examine  the  returned 
copies  of  such  records,  and  fourteen  days  before  the  said  last  Wednes- 
day of  October,  he  shall  issue  his  summons  to  such  persons  as  appear- 
to  be  chosen  Senators,  by  a  majority  of  votes,  to  attend  and  take  their 
seats  on  that  day. 

Provided  nevertheless.  That  for  the  first  year  the  said  returned  copies 
shall  be  examined  by  the  President,  and  a  majority  of  the  Council  then 
in  office  ;  and  the  said  President  shall,  in  like  manner,  notify  the  per- 
sons elected,  to  attend  and  take  their  seats  accordingly. 

And  in  case  there  shall  not  appear  to  be  a  Senator  elected,  by  a  ma- 
jority of  votes  for  any  district,  the  deficiency  shall  be  supplied  in  the 
following  manner,  viz.  The  members  of  the  House  of  Representatives, 
and  such  Senators  as  shall  be  declared  elected,  shall  take  the  names  of 
the  two  persons  having  the  highest  number  of  votes  in  the  district,  and 
out  of  them  shall  elect,  by  joint  ballot,  the  Senator  wanted  for  such 
district ;  and  in  this  manner  all  such  vacancies  shall  be  filled  up,  in 
every  district  of  the  State ;  and  in  like  manner  all  vacancies  in  the  Sen- 
ate, arising  by  death,  removal  out  of  the  State,  or  otherwise,  shall  be 
supplied,  as  soon  as  may  be  after  such  vacancies  happen. 

The  Senate  shall  be  final  judges  of  the  elections,  returns,  and  qual- 
ifications, of  their  own  members,  as  pointed  out  in  this  Constitution. 

The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time. 

Provided  nevertheless.  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  proper,  although  the  Legislature  be  not  assembled  on  such 
day,  or  at  such  place. 

The  Senate  shall  appoint  their  President,  and  other  officers,  and  de- 
termine their  own  rules  of  proceedings  :  And  not  less  than  seven  mem- 
bers of  the  Senate  shall  make  a  quorum  for  doing  business ;  and  when 
less  than  eight  Senators  shall  be  present,  the  assent  of  five,  at  least, 
shall  be  necessary,  to  render  their  acts  and  proceedings  valid. 

The  Senate  shall  be  a  Court,  with  full  power  and  authority  to  hear, 
try,  and  determine,  all  impeachments  made  by  the  House  of  Represen- 
tatives against  any  officer  or  officers  of  the  State,  for  bribery,  corrup- 


130  STATE    OF    NEW    HAMPSHIRE. 

tion,  mal-practice,  or  mal-administration,  in  office ;  with  full  power  to 
issue  summons,  or  compulsory  process,  for  convening  witnesses  before 
them,  with  all  necessary  powers  incident  to  a  Court  of  Trials  ;  But  pre- 
vious to  the  trial  of  any  such  impeachment,  the  members  of  the  Senate 
shall  respectively  be  sworn  truly  and  impartially  to  try  and  determine 
the  charge  in  question,  according  to  evidence.  And  every  officer,  im- 
peached for  bribery,  corruption,  mal-practice,  or  mal-administration,  in 
office,  shall  be  served  with  an  attested  copy  of  the  impeachment,  and 
order  of  Senate  thereon,  with  such  citation  as  the  Senate  may  direct, 
setting  forth  the  time  and  place  of  their  sitting  to  try  the  impeachment ; 
which  service  shall  be  made  by  the  Sheriff,  or  such  other  sworn  officer 
as  the  Senate  may  appoint,  at  least  fourteen  days  previous  to  the  time 
of  trial ;  and  such  citation  being  duly  served  and  returned,  the  Senate 
may  proceed  in  the  hearing  of  the  impeachment,  giving  the  person  im- 
peached, if  he  shall  appear,  full  liberty  of  producing  witnesses  and 
proofs,  and  of  making  his  defence,  by  himself  and  counsel ;  and  may 
also,  upon  his  refusing  or  neglecting  to  appear,  hear  the  proofs  in  sup- 
port of  the  impeachment,  and  render  judgment  thereon,  his  non-appear- 
ance notwithstanding ;  and  such  judgment  shall  have  the  same  force 
and  effect  as  if  the  person  impeached  had  appeared  and  pleaded  in  the 
trial.  Their  judgment,  however,  shall  not  extend  further  than  removal 
from  office,  disqualification  to  hold  or  enjoy  any  place  of  honor,  trust, 
or  profit,  under  this  State ;  but  the  party,  so  convicted,  shall  never- 
theless be  liable  to  indictment,  trial,  judgment,  and  punishment,  ac- 
cording to  the  laws  of  the  land. 

Whenever  the  Governor  shall  be  impeached,  the  Chief  Justice  of  the 
Supreme  Judicial  Court  shall,  during  the  trial,  preside  in  the  Senate, 
but  have  no  vote  therein. 


HOUSE  OF  REPRESENTATIVES. 

There  shall  be,  in  the  Legislature  of  this  State,  a  representation  of 
the  people,  annually  elected,  and  founded  upon  principles  of  equality: 
And,  in  order  that  such  representation  may  be  as  equal  as  circum- 
stances will  admit,  every  town,  parish,  or  place  entitled  to  town  priv- 
ileges, having  one  hundred  and  fifty  rateable  male  polls,  of  twenty-one 
years  of  age,  and  upwards,  may  elect  one  Representative ;  if  four  hun- 
dred and  fifty  rateable  polls,  may  elect  two  Representatives ;  and  so 
proceeding,  in  that  proportion,  making  three  hundred  such  rateable 
polls  the  mean  increasing  number,  for  every  additional  Representative. 

Such  towns,  parishes,  or  places,  as  have  less  than  one  hundred  and 
fifty  rateable  polls,  shall  be  classed  by  ihe  General  Assembly,  for  the 
purpose  of  choosing  a  Representative,  and  seasonably  notified  thereof. 
And  in  every  class,  formed  for  the  above-mentioned  purpose,  the  first 
annual  meeting  shall  be  held  in  the  town,  parish,  or  place,  wherein 
most  of  the  rateable  polls  reside ;  and  afterwards  in  that  which  has  the 
next  highest  number ;  and  so  on  annually,  by  rotation,  through  the 
several  towns,  parishes,  or  places,  forming  the  district. 

Whenever  any  town,  parish,  or  place,  entitled  to  town  privileges,  as 
aforesaid,  shall  not  have  one  hundred  and  fifty  rateable  polls,  and  be  so 
situated  as  to  render  the  classing  thereof  with  any  other  town,  parish, 
or  place,  very  inconvenient,  the  General  Assembly  may,  upon  applica- 
tion of  a  majority  of  the  voters  in  such  town,  parish,  or  place,  issue  a 


JOURNAL    OF    CONVENTION.  I3I 

writ  for  their  electing  and  sending  a  Representative  to  the  General 
Court. 

The  members  of  the  House  of  Representatives  shall  be  chosen  annu- 
ally, in  the  month  of  ^Nlarch,  and  shall  be  the  second  branch  of  the  Leg- 
islature. 

All  persons,  qualified  to  vote  in  the  election  of  Senators,  shall  be  en- 
titled to  vote,  within  the  district  where  they  dwell,  in  the  choice  of  Rep- 
resentatives. Every  member  of  the  House  of  Representatives  shall 
be  chosen  by  ballot ;  and  for  two  years,  at  least,  next  preceding  his 
election,  shall  have  been  an  inhabitant  of  this  State ;  shall  have  an  es- 
tate within  the  district  which  he  may  be  chosen  to  represent,  of  the 
value  of  one  hundred  pounds,  one  half  of  which  to  be  a  freehold, 
whereof  he  is  seized  in  his  own  right ;  shall  be,  at  the  time  of  his  elec- 
tion, an  inhabitant  of  the  district  he  may  be  chosen  to  represent ;  and 
shall  cease  to  represent  such  district  immediately  on  his  ceasing  to  be 
qualified  as  aforesaid. 

The  members  of  both  Houses  of  the  Legislature  shall  be  compensat- 
ed for  their  services  out  of  the  treasury  of  the  State,  by  a  law  made  for 
that  purpose  ;  such  members  attending  seasonably,  and  not  departing 
without  licence.  All  intermediate  vacancies,  in  the  House  of  Repre- 
sentatives, may  be  filled  up,  from  time  time,  in  the  same  manner  as 
annual  elections  are  made. 

The  House  of  Representatives  shall  be  the  Grand  Inquest  of  the 
State  ;  and  all  impeachments  made  by  them,  shall  be  heard  and  tried 
by  the  Senate. 

All  money  bills  shall  originate  in  the  House  of  Representatives ;  but 
the  Senate  may  propose,  or  concur  with,  amendments,  as  on  other  bills. 

The  House  of  Representatives  shall  have  power  to  adjourn  them- 
selves, but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  House  of  Representatives  shall  be 
a  quorum  for  doing  business  :  But  when  less  than  two  thirds  of  the_ 
Representatives  elected  shall  be  present,  the  assent  of  two  thirds  of 
those  members  shall  be  necessary  to  render  their  acts  and  proceedings 
valid. 

No  member  of  the  House  of  Representatives,  or  Senate,  shall  be  ar- 
rested, or  held  to  bail,  on  mean  process,  during  his  going  to,  returning 
from,  or  attendance  upon,  the  Court. 

The  House  of  Representatives  shall  choose  their  own  Speaker,  ap- 
point their  own  officers,  and  settle  the  rules  of  proceedings  in  their  own 
House  ;  and  shall  be  judge  of  the  returns,  elections,  and  qualifications, 
of  its  members,  as  pointed  out  in  this  Constitution.  They  shall  have 
authority  to  punish,  by  imprisonment,  every  person  who  shall  be  guilty 
of  disrespect  to  the  House,  in  its  presence,  by  any  disorderly  and  con- 
temptuous behavior,  or  by  threatening,  or  ill  treating,  any  of  Us  mem- 
bers ;  or  by  obstructing  its  deliberations ;  every  person  guilty  of  a 
breach  of  its  privileges,  in  making  arrests  for  debt,  or  by  assaulting 
any  member  during  his  attendance  at  any  session  ;  in  assaulting  or  dis- 
turbing any  one  of  its  officers  in  the  execution  of  any  order  or  proced- 
ure of  the  House  ;  in  assaulting  any  witness,  or  other  person,  ordered 
to  attend,  by  and  during  his  attendance  of  the  House  ;  or  in  rescuing 
any  person  arrested  by  order  of  the  House,  knowing  them  to  be  such. 
The  Senate,  Governor,  and  Council,  shall  have  the  same  powers  in 
like  cases ;  provided,  that  no  imprisonment  by  either,  for  any  offence, 
exceed  ten  days. 


132  STATE    OF    NEW    HAMPSHIRE. 

The  journals  of  the  proceedings,  and  all  the  public  acts  of  both 
Houses  of  the  Legislature,  shall  be  printed  and  published  immediately 
after  every  adjournment  or  prorogation  ;  and  upon  motion  made  by  any 
one  member,  the  yeas  and  nays,  upon  any  question  shall  be  entered 
in  the  journals :  And  any  member  of  the  Senate,  or  House  of  Repre- 
sentatives, shall  have  a  right,  on  motion  made  at  the  time  for  that  pur- 
pose, to  have  his  protest,  or  dissent,  with  the  reasons,  against  any  vote, 
resolve,  or  bill,  passed,  entered  on  the  journals. 


EXECUTIVE  POWER. 


GOVERNOR. 


THE  Governor  shall  be  chosen  annually,  in  the  month  of  March  ; 
and  the  votes  for  Governor  shall  be  received,  sorted,  counted,  certified 
and  returned,  in  the  same  manner  as  the  votes  for  Senators  ;  and  the 
Secretary  shall  lay  the  same  before  the  Senate  and  House  of  Repre- 
sentatives, on  the  last  Wednesday  of  October,  to  be  by  them  examined  ; 
and  in  case  of  an  election  by  a  majority  of  votes  through  the  State,  the 
choice  shall  be  by  them  declared  and  published. 

And  the  qualitications  of  electors  of  the  Governor  shall  be  the  same 
as  those  for  Senators  ;  and  if  no  person  shall  have  a  majority  of  votes, 
the  Senate  and  House  of  Representatives  shall,  by  joint  ballot,  elect 
one  of  the  two  persons  having  the  highest  number  of  votes,  who  shall 
be  declared  Governor. 

And  no  person  shall  be  eligible  to  this  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  State  for  seven 
years  next  preceding,  and  unless  he  shall  be  of  the  age  of  thirty  years, 
and  unless  he  shall,  at  the  same  time,  have  an  estate  of  the  value  of 
five  hundred  pounds,  one  half  of  which  shall  consist  of  a  freehold,  in 
his  own  right,  within  this  State. 

In  cases  of  disagreement  between  the  two  Houses,  with  regard  to  the 
time  or  place  of  adjournment  or  prorogation,  the  Governor,  with  advice  of 
council,  shall  have  a  right  to  adjourn  or  prorogue  the  General  Court,  not 
exceeding  seven  months  at  any  one  time,  as  he  may  determine  the  public 
good  may  require,  to  meet  at  the  place  where  the  General  Court  shall 
be  at  that  time  sitting ;  and  he  shall  dissolve  the  same  seven  days  be- 
fore the  said  last  Wednesday  of  October. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the  place  where 
the  said  court  at  any  time  is  to  convene,  or  any  other  cause,  whereby 
dangers  may  arise  to  the  health  or  lives  of  the  members  from  their  at- 
tendance, the  Governor  may  direct  the  session  to  be  holden  at  some 
other  the  most  convenient  place  within  the  State. 

Every  bill  which  shall  have  passed  both  Houses  of  the  General  Court, 
shall,  before  it  become  a  law,  be  presented  to  the  Governor ;  if  he  ap- 
prove, he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  objections, 
to  that  House  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider  it ;  if,  after 
such  reconsideration,  two  thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  such  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all  such 
cases  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 


JOURNAL    OF    CONVENTION.  1 33 

and  the  names  of  the  persons  voting  for  or  against  the  bill,  shall  be  en- 
tered on  the  journal  of  each  House  respectively.  If  any  bill  shall  not 
be  returned  by  the  Governor  within  five  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like 
manner  as  if  he  had  signed  it,  unless  the  Legislature,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  resolve  shall  be  presented  to  the  Governor,  and,  before  the 
same  shall  take  effect,  shall  be  ap]Droved  by  him,  or  being  disapproved 
by  him,  shall  be  repassed  by  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

All  judicial  officers,  the  Attorney  General,  Solicitors,  all  Sheriffs, 
Coroners,  Registers  of  Probate,  and  all  officers  of  the  navy,  and  general 
and  field  officers  of  the  militia,  shall  be  nominated  and'  appointed  by 
the  Governor  and  Council ;  and  every  such  nomination  shall  be  made 
at  least  three  da3-s  prior  to  such  appointment ;  and  no  appointment  shall 
take  place,  unless  a  majority  of  the  Council  agree  thereto.  The  Gov- 
ernor and  Council  shall  have  a  negative  on  each  other,  both  in  the 
nominations  and  appointments.  Every  nomination  and  appointment 
shall  be  signed  by  the  Governor  and  Council,  and  every  negative  shall 
be  also  signed  by  the  Governor  or  Council  who  made  the  same. 

The  Captains  and  Subalterns,  in  the  respective  regiments,  shall  be 
nominated  by  the  field  officers,  and  if  approved  by  the  Governor,  shall 
be  appointed  by  him. 

Whenever  the  chair  of  the  Governor  shall  become  vacant,  by  reason 
of  his  death,  absence  from  the  State,  or  otherwise,  the  President  of 
the  Senate  shall,  during  such  vacancy,  have  and  exercise  all  the  powers 
and  authorities  which,  by  this  Constitution,  the  Governor  is  vested 
with,  v/hen  personally  present ;  but  when  the  President  of  the  Senate 
shall  exercise  the  office  of  Governor,  he  shall  not  hold  his  office  in  the 
Senate. 

The  Governor,  with  advice  of  Council,  shall  have  full  power  and 
authority,  in  the  recess  of  the  General  Court,  to  prorogue  the  same 
from  time  to  time,  not  exceeding  seven  months,  in  any  one  recess  of 
said  Court ;  and  during  the  session  of  said  Court,  to  adjourn  or  pro- 
rogue it  to  any  time  the  two  Houses  may  desire,  and  to  call  it  together 
sooner  than  the  time  to  which  it  may  be  adjourned,  or  prorogued,  if 
the  welfare  of  the  State  should  require  the  same. 

The  Governor  of  this  State  for  the  time  being  shall  be  commander  in 
chief  of  the  army  and  navy,  and  all  the  military  forces  of  the  State,  by 
sea  and  land  ;  and  shall  have  full  power  by  himself,  or  by  any  chief  com- 
mander, or  other  officer,  or  officers,  from  time  to  time,  to  train,  instruct, 
exercise  and  govern  the  militia  and  navy ;  and  for  the  special  defence 
and  safety  of  this  State,  to  assemble  in  martial  array,  and  put  in  warlike 
posture,  the  inhabitants  thereof,  and  to  lead  and  conduct  them,  and 
with  them  to  encounter,  expulse,  repel,  resist  and  pursue  by  force  of 
arms,  as  well  by  sea  as  by  land,  within  and  without  the  limits  of  this 
State ;  and  also  to  kill,  slay,  destroy,  if  necessary,  and  conquer  by  all 
fitting  ways,  entcrprize  and  means,  all  and  every  such  person  and  per- 
sons as  shall,  at  any  time  hereafter,  in  a  hostile  manner,  attempt  or  en- 
terprize  the  destruction,  invasion,  detriment  or  annoyance  of  this  State  ; 
and  to  use  and  exercise  over  the  army  and  navy,  and  over  the  militia  in 
actual  service,  the  law  martial  in  time  of  war,  invasion,  and  also  in  re- 
bellion, declared  by  the  Legislature  to  exist,  as  occasion  shall  necessa- 
rily require :  And  surprize,  by  all  ways  and  means  whatsoever,  all  and 


134  STATE    OF    NEW    HAMPSHIRE. 

every  such  person  or  persons,  with  their  ships,  arms,  ammunition,  and 
other  goods,  as  shall  in  a  hostile  manner  invade,  or  attempt  the  invad- 
ing, conquering,  or  annoying  this  State  :  And  in  fine,  the  Governor 
hereby  is  entrusted  with  all  other  powers  incident  to  the  office  of  Cap- 
tain-General and  Commander  in  Chief,  and  Admiral,  to  be  exercised 
agreeably  to  the  rules  and  regulations  of  the  Constitution,  and  the  laws 
of  the  land :  Provided,  that  the  Governor  shall  not,  at  any  time  hereaf- 
ter, by  virtue  of  any  power  by  this  Constitution  granted,  or  hereafter  to 
be  granted  to  him  by  the  Legislature,  transport  any  of  the  inhabitants 
of  this  State,  or  oblige  them  to  march  out  of  the  limits  of  the  same, 
without  their  free  and  voluntary  consent,  or  the  consent  of  the  General 
Court,  nor  grant  commissions  for  exercising  the  law  martial  in  any  case, 
without  the  advice  and  consent  of  the  Council. 

The  power  of  pardoning  olTences,  except  such  as  persons  may  be  con- 
victed of  before  the  Senate,  by  impeachment  of  the  House,  shall  be  in 
the  Governor,  by  and  with  the  advice  of  the  Council :  But  no  charter 
of  pardon  granted  by  the  Governor,  with  advice  of  Council,  before  con- 
viction, shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  or  particular  expressions  contained  therein,  descriptive  of  the 
offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia  shall  be  re- 
moved from  his  office,  but  by  the  address  of  both  Houses  to  the  Gov- 
ernor, or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of  the  State 
for  the  time  being. 

The  commanding  officers  of  the  regiments  shall  appoint  their  Adju- 
tants and  Quarter-Masters ;  the  Brigadiers,  their  Brigade-Majors  ;  the 
Major-Generals,  their  Aids  ;  the  Captains  and  Subalterns,  their  non- 
commissioned officers. 

The  Governor  and  Council  shall  appoint  all  officers  of  the  continental 
army,  whom,  by  the  confederation  of  the  United  States,  it  is  provided 
that  this  State  shall  appoint ;  as  also  all  officers  of  forts  and  garrisons. 

The  division  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  State,  until  the  same  shall 
be  altered  by  some  future  law. 

No  monies  shall  be  issued  out  of  the  treasury  of  this  State,  and  dis- 
posed of,  (except  such  sums  as  may  be  appropriated  for  the  redemption 
of  bills  of  credit,  or  Treasurer's  notes,  or  for  the  payment  of  interest 
arising  thereon)  but  by  warrant  under  the  hand  of  the  Governor  for 
the  time  being,  by  and  with  the  advice  and  consent  of  the  Council,  for 
the  necessary  support  and  defence  of  this  State,  and  for  the  necessary 
protection  and  preservation  of  the  inhabitants  thereof,  agreeably  to  the 
acts  and  resolves  of  the  General  Court. 

All  public  boards,  the  Commissary-General,  all  superintending  officers 
of  public  magazines  and  stores,  belonging  to  this  State,  and  all  com- 
manding officers  of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially,  and  without  requisition,  and  at  other 
times  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon,  with  their  appendages, 
and  small  arms,  with  their  accoutrements,  and  of  all  other  public 
property  under  their  care  respectively ;  distinguishing  the  quantity  and 
and  kind  of  each,  as  particularly  as  may  be;  together  with  the  con- 
dition of  such  forts  and  garrisons  :  And  the  commanding  officer  shall 


JOURNAL    OF    CONVENTION.  1 35 

exhibit  to  the  Governor,  when  required  by  him,  true  and  exact  plans  of 
such  forts,  and  of  the  land  and  sea,  or  harbor  or  harbors  adjacent. 

The  Governor  and  Council  shall  be  compensated  for  their  services, 
from  time  to  time,  by  such  grants  as  the  General  Court  shall  think 
reasonable. 

Permanent  and  honorable  salaries  shall  be  established  by  law,  for 
the  Justices  of  the  Superior  Court. 


COUNCIL. 


There  shall  be  annually  elected,  by  ballot,  five  Councillors,  for  ad- 
vising the  Governor  in  the  executive  part  of  government.  The  free- 
holders and  other  inhabitants  in  each  county,  qualified  to  vote  for  Sen- 
ators, shall,  some  time  in  the  month  of  March,  give  in  their  votes  for 
one  Councillor;  which  votes  shall  be  received,  sorted,  counted,  certi- 
fied, and  returned  to  the  Secretary's  office,  in  the  same  manner  as  the 
votes  for  Senators,  to  be  by  the  Secretary  laid  before  the  Senate  and 
House  of  Representatives  on  the  last  Wednesday  of  October. 

And  the  person  having  a  majority  of  votes  in  any  county,  shall  be 
considered  as  duly  elected  a  Councillor :  But  if  no  person  shall  have  a 
majority  of  votes  in  any  county,  the  Senate  and  House  of  Representa- 
tives shall  take  the  names  of  the  two  persons  who  have  the  highest  num- 
ber of  votes  in  each  county,  and  not  elected,  and  out  of  those  two  shall 
elect,  by  joint  ballot,  the  Councillor  wanted  for  such  county. 

Provided  nevertheless^  That  no  person  shall  be  capable  of  being 
elected  a  Councillor,  who  has  not  an  estate  of  the  value  of  five  hundred 
pounds  within  this  State,  three  hundred  pounds  of  which  (or  more) 
shall  be  a  freehold  in  his  own  right ;  and  who  is  not  thirty  years  of  age  ; 
and  who  shall  not  have  been  an  inhabitant  of  this  State  for  seven  years 
immediately  preceding  his  election;  and,  at  the  time  of  his  election,  an 
inhabitant  of  the  county  in  which  he  is  elected. 

The  Secretary  shall,  annually,  seventeen  days  before  the  last  Wednes- 
day of  October,  give  notice  of  the  choice  of  the  persons  elected. 

if  any  person  shall  be  elected  Governor,  or  member  of  either  branch 
of  the  Legislature,  and  shall  accept  the  trust;  or  if  any  person,  elected 
a  Councillor,  shall  refuse  to  accept  the  office  ;  or  in  case  of  the  death, 
resignation,  or  removal  of  any  Councillor  out  of  the  State  ;  the  Gov- 
ernor may  issue  a  precept  for  the  election  of  a  new  Councillor  in  that 
county  where  such  vacancy  shall  happen  ;  and  the  choice  shall  be  in 
the  same  manner  as  before  directed :  And  the  Governor  shall  have  full 
power  and  authority  to  convene  the  Council,  from  time  to  time,  at  his 
discretion;  and,  with  them,  or  the  majority  of  them,  may,  and  shall, 
from  time  to  time,  hold  a  Council,  for  ordering  and  directing  the  affairs 
of  the  State,  according  to  the  laws  of  the  land. 

The  members  of  the  Council  may  be  impeached  by  the  House,  and 
tried  by  the  Senate,  for  bribery,  corruption,  mal-practice,  or  mal-ad- 
ministration. 

The  resolutions  and  advice  of  the  Council  shall  be  recorded  by  the 
Secretarv,  in  a  register,  and  signed  by  all  the  members  present  agree- 
ing thereto ;  and  this  record  may  be  called  for  at  any  time,  by  either 
House  of  the  Legislature  ;  and  any  member  of  the  Council  may  enter 
his  opinion  contrary  to  the  resolutions  of  the  majority,  with  the  reasons 
for  such  opinion. 


136  STATE    OF   NEW    HAMPSHIRE. 

The  Legislature  may,  if  the  public  good  shall  hereafter  require  it, 
divide  the  State  into  hve  districts,  as  nearly  equal  as  may  be,  govern- 
ing themselves  by  the  number  of  rateable  polls,  and  proportion  of  pub- 
lic taxes;  each  district  to  elect  a  Councillor:  And,  in  case  of  such 
division,  the  manner  of  the  choice  shall  be  comformable  to  the  present 
mode  of  election  in  counties. 

And  whereas  the  elections,  appointed  to  be  made  by  this  Constitu- 
tion, on  the  last  Wednesday  of  October  annually,  by  the  two  Houses 
of  the  Legislature,  may  not  be  completed  on  that  day,  the  said  elections 
may  be  adjourned  from  day  to  day,  until  the  same  may  be  completed ; 
And  the  order  of  the  elections  shall  be  as  follows — the  vacancies  in  the 
Senate,  if  any,  shall  be  first  filled  up :  The  Governor  shall  then  be 
elected,  provided  there  shall  be  no  choice  of  him  by  the  people  :  And 
afterwards,  the  two  Houses  shall  proceed  to  fill  up  the  vacancy,  if  any, 
in  the  Council. 


SECRETARY,  TREASURER,  COMMISSARY-GENERAL,  &c. 

THE  Secretary,  Treasurer,  and  Commissary-General  shall  be  chosen 
by  joint  ballot  of  the  Senators  and  Representatives  assembled  in  one 
room . 

The  records  of  the  State  shall  be  kept  in  the  ofiice  of  the  Secretary, 
and  he  shall  attend  the  Governor  and  Council,  the  Senate  and  Repre- 
sentatives, in  person,  or  by  Deputy,  as  they  may  require. 

The  Secretary  of  the  State  shall,  at  all  times,  have  a  Deputy,  to  be 
by  him  appointed  ;  for  whose  conduct  in  office  he  shall  be  responsible  ; 
And  in  case  of  the  death,  removal,  or  inability,  of  the  Secretary,  his 
Deputy  shall  exercise  all  the  duties  of  the  office  of  Secretary  of  this 
State,  until  another  shall  be  appointed. 

The  Secretary,  before  he  enters  upon  the  business  of  his  office,  shall 
give  bond,  with  sufficient  sureties,  in  a  reasonable  sum,  for  the  use  of 
the  State,  for  the  punctual  performance  of  his  trust. 


COUNTY  TREASURER,  &C. 

The  County  Treasurers,  and  Registers  of  Deeds,  shall  be  elected  by 
the  inhabitants  of  the  several  towns,  in  the  several  counties  in  the 
State,  according  to  the  method  now  practised,  and  the  laws  of  the 
State. 

Provided  7ievertheless,  The  Legislature  shall  have  authority  to  alter 
the  manner  of  certifying  the  votes,  and  the  mode  of  electing  those  offi- 
cers ;  but  not  so  as  to  deprive  the  people  of  the  right  they  now  have  of 
electing  them. 

And  the  Legislature,  on  the  application  of  the  major  part  of  the  in- 
habitants of  any  county,  shall  have  authority  to  divide  the  same,  into 
two  districts  for  registering  deeds,  if  to  them  it  shall  appear  necessary; 
each  district  to  elect  a  Register  of  Deeds  :  And  before  they  enter  upon 
the  business  of  their  offices,  shall  be  respectively  sworn  faithfully  to 
discharge  the  duties  thereof,  and  shall  severally  give  bond,  with  suffi- 
cient sureties,  in  a  reasonable  sum,  for  the  use  of  the  county,  for  the 
punctual  performance  of  their  respective  trusts. 


JOURNAL    OF    CONVENTION.  1 37 

JUDICIARY  POWER. 

It  shall  be  the  duty  of  the  General  Court  to  make  a  reform  in  the  Ju- 
diciary System,  that  justice  may  be  administered  in  a  more  cheap  and 
expeditious  manner  than  is  now  practised,  and  that  no  party  shall  have 
a  review  after  the  cause  has  been  determined  against  him  twice  by  Jury. 

The  General  Court  are  hereby  empowered  to  make  alterations  in  the 
power  and  jurisdiction  of  the  Courts  of  Common  Pleas,  and  General 
Sessions  of  the  Peace,  respectively;  or,  if  they  shall  judge  it  necessa- 
ry for  the  public  good,  to  abolish  those  Courts,  or  either  of  them,  and 
invest  such  other  Courts  as  they  may  establish,  with  the  jurisdiction 
and  powers  now  vested  in  the  Courts  of  Common  Pleas,  and  Courts  of 
General  Sessions  of  the  Peace,  as  the  General  Court  may,  from  time 
to  time,  judge  expedient  for  the  due  administration  of  law  and  justice. 

And  it  shall  be  the  duty  of  the  General  Court,  to  vest  in  such  Court  or 
Courts  of  law  as  to  them  may  appear  expedient,  the  power  of  granting 
new  trials,  or  a  trial  after  judgment,  either  upon  verdict  of  a  Jury,  de- 
fault, nonsuit,  or  complaint,  for  affirmation  of  judgment,  in  all  cases 
where  substantial  justice  has  not  been  done,  except  as  before  excepted, 
in  such  manner,  and  under  such  restrictions  and  regulations,  as  to  the 
General  Court  may  appear  for  the  public  good  :  Provided  application  be 
made  for  such  review  or  trial  within  one  year  from  the  rendition  of 
judgment. 

For  the  more  effectually  preserving  the  proper  separation  of  the  three 
great  powers  of  government,  agreeably  to  the  37''^  Article  in  the  Bill 
of  Rights,  the  power  of  hearing  and  deciding  in  causes  of  equity,  shall 
be  vested  either  in  some  Judicial  Court  or  Courts,  or  in  some  Court  to 
be  established  specially  for  that  purpose  :  Provided  no  power  shall  be 
granted  to  any  such  Courts,  incompatible  with  the  Bill  of  Rights  and 
Constitution.  And  the  powers  of  said  Courts  shall  be  limited  and  de- 
fined by  express  laws :  And  no  suit  in  equity  shall  be  sustained  where 
clear  and  adequate  remedy  may  be  had  at  law. 

The  General  Court  are  empowered  to  give  to  Justices  of  the  Peace, 
jurisdiction  in  civil  causes,  w^hen  the  damages  demanded  shall  not  ex- 
ceed /o?^r  ^ou /ids,  and  title  of  real  estate  is  not  concerned;  but  with 
right  of  appeal,  to  either  party,  to  some  other  Court,  so  that  a  trial  by 
Jury  in  the  last  resort  may  be  had. 

No  person  shall  hold  the  office  of  Judge  of  any  Court,  or  Judge  of 
Probate,  or  Sheriff  of  any  county,  after  he  has  attained  the  age  of 
seventy  years. 

No  Judge  of  any  Court,  or  Justice  of  the  Peace,  shall  act  as  Attorney, 
or  be  of  counsel,  to  any  party,  or  originate  any  civil  suit,  in  matters 
which  shall  come  or  be  brought  before  him  as  Judge,  or  Justice  of  the 
Peace, 

All  matters  relating  to  the  probate  of  wills,  and  granting  letters  of 
administration,  shall  be  exercised  by  the  Judges  of  Probate,  in  such 
manner  as  the  Legislature  have  directed,  or  may  hereafter  direct :  And 
the  Judges  of  Probate  shall  hold  their  Courts  at  such  place  or  places, 
on  such  fixed  days,  as  the  conveniency  of  the  people  may  require,  and 
the  Legislature  from  time  to  time  appoint. 

No  Judge,  or  Register  of  Probate,  shall  be  of  counsel,  act  as  advo- 
cate, or  receive  any  fees  as  advocate  or  counsel,  in  any  probate  business 
which  is  pending,  or  may  be  brought  into  any  Court  of  Probate  in  the 
county  of  which  he  is  Judge  or  Register. 


138  STATE    OF    NEW   HAMPSHIRE. 


CLERKS   OF   COURT. 


The  Judges  of  the  Courts  (those  of  Probate  excepted)  shall  appoint 
their  respective  Clerks,  to  hold  their  office  during  pleasure  :  And  no 
such  clerk  shall  act  as  an  attorney,  or  be  of  counsel,  in  any  cause  in 
the  Court  of  which  he  is  Clerk,  nor  shall  he  draw  any  writ  originating  a 
civil  action. 


ENCOURAGEMENT  OF  LITERATURE,  &c. 

Knowledge  and  learning,  generally  diffused  through  a  community, 
being  essential  to  the  preservation  of  a  free  government ;  and  spread- 
ing the  opportunities  and  advantages  of  education  through  the  various 
parts  of  the  country,  being  highly  conducive  to  promote  this  end  ;  it 
shall  be  the  duty  of  the  legislators  and  magistrates,  in  all  future  periods 
of  this  government,  to  cherish  the  interest  of  literature  and  the  sciences, 
and  all  seminaries  and  public  schools,  to  encourage  private  and  public 
institutions,  rewards  and  immunities  for  the  promotion  of  agriculture, 
arts,  sciences,  commerce,  trades,  manufactures,  and  natural  history  of 
the  country ;  to  countenance  and  inculcate  the  principles  of  humanity 
and  general  benevolence,  public  and  private  charity,  industry  and  (Econ- 
omy, honesty  and  punctuality,  sincerity,  sobriety,  and  all  social  affec- 
tions, and  generous  sentiments,  among  the  people. 


OATH  and  S?(bscriptiofis ;  Exxhision  from  Offices;  Coviviissions ; 
Wi'its  ;  Co}iJir7nation  of  Laws  ;  Habeas  Corpi/s  ;  tJie  Enacting  Stile ; 
Continuance  of  Officers ;  Provision  for  a  future  Revision  of  the  Con- 
stitution, &^c. 

Any  person  chosen  Governor,  Councillor,  Senator,  or  Representative, 
military  or  civil  officer,  (town  officers  excepted)  accepting  the  trust,  shall, 
before  he  proceeds  to  execute  the  duties  of  his  office,  make  and  subscribe 
the  following  declaration,  viz. 

I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  faith  and  true  allegiance 
to  the  State  of  New  Hampshire,  and  will  support  the  Constitution  there- 
of. So  help  me  God. 

I,  A.  B.,  do  solemnly  and  sincerely  sw^ar  and  affirm,  that  I  will  faith- 
fully and  impartially  discharge  and  perform  all  the  duties  incumbent  on 
me  as  according  to  the  best  of  my  abilities,  agreeably  to  the  rules 

and  regulations  of  this  Constitution,  and  the  laws  of  the  State  of  New 
Hampshire.  So  help  me  God. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance,  and 
the  same  being  filed  in  the  Secretary''s  office,  he  shall  not  be  obliged  to 
take  said  oath  again. 

Provided  always.  When  any  person  chosen  or  appointed  as  aforesaid, 
shall  be  of  the  denomination  called  Quakers,  or  shall  be  scrupulous  of 
swearing,  and  shall  decline  taking  the  said  oaths,  such  shall  take  and 
subscribe  them,  omitting  the  word  swear,  and  likewise  the  w'ords  So 
help  me  God,  subjoining  instead  thereof,  TJiis  I  do  under  tJie  pains  and 
penalties  of  perjury. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
Governor,  before  the  President  of  the  Senate,  in  presence  of  both 
Houses  of  the  Legislature,  and  by  the  Senators  and  Representatives 
first  elected  under  this  Constitution,  as  altered  and  amended,  before  the 


JOURNxVL    OF    CONVENTION.  1 39 

President  of  the  State,  and  a  majority  of  the  Council  then  in  office,  and 
forever  afterwards  before  the  Governor  and  Council  for  the  time  being ; 
and  by  all  other  officers,  before  such  persons,  and  in  such  manner,  as 
the  Legislature  shall  from  time  to  time  appoint. 

All  commissions  shall  be  in  the  name  of  the  State  of  New  Hamp- 
shire, signed  by  the  Governor,  and  attested  by  the  Secretary,  or  his 
Deputy,  and  shall  have  the  great  seal  of  the  State  affixed  thereto. 

All  writs  issuing  out  of  the  Clerk's  office  in  any  of  the  Courts  of  Law 
shall  be  in  the  name  of  the  State  of  New  Hampshire  ;  shall  be  under 
the  seal  of  the  Court  w'hence  they  issue,  and  bear  test  of  the  chief, 
first,  or  senior  Justice  of  the  Court ;  but  when  such  Justice  shall  be 
interested,  then  the  writ  shall  bear  test  of  some  other  Justice  of  the 
Court,  to  which  the  same  shall  be  returnable ;  and  be  signed  by  the 
Clerk  of  such  Court. 

All  indictments,  presentments,  and  informations,  shall  conclude, 
against  the  peace  and  dignity  of  the  State. 

The  estates  of  such  persons  as  may  destroy  their  own  lives,  shall  not 
for  that  offence  be  forfeited,  but  descend  or  ascend  in  the  same  man- 
ner, as  if  such  persons  had  died  in  a  natural  way.  Nor  shall  any  article, 
which  shall  accidentally  occasion  the  death  of  any  person,  he  hence- 
forth deemed  a  deodand,  or  in  any  wise  forfeited  on  account  of  such 
misfortune. 

All  the  laws  which  have  heretofore  been  adopted,  used,  and  approv- 
ed, in  the  Province,  Colony  or  State  of  New  Hampshire,  and  usually 
practised  on  in  the  Courts  of  Law,  shall  remain  and  be  in  full  force, 
until  altered  and  repealed  by  the  Legislature  ;  such  parts  thereof  only 
excepted,  as  are  repugnant  to  the  rights  and  liberties  contained  in  this 
Constitution  :  Provided  that  nothing  herein  contained,  when  compared 
with  the  23d  Article  in  the  Bill  of  Rights,  shall  be  construed  to  aiTect 
the  laws  already  made  respecting  the  persons,  or  estates,  of  absentees. 

The  privilege  and  benefit  of  the  Habeas  Corpus,  shall  be  enjoyed  in 
this  State,  in  the  most  free,  easy,  cheap,  expeditious,  and  ample  man- 
ner, and  shall  not  be  suspended  by  the  Legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  time  not  exceeding  three 
months. 

The  enacting  stile  in  making  and  passing  acts,  statutes,  and  laws, 
shall  be — Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in 
General  Court  convened. 

No  Governor,  or  Judge  of  the  Supreme  Judicial  Court,  shall  hold 
any  office  or  place  under  the  authority  of  this  State,  except  such  as  by 
this  Constitution  they  are  admitted  to  hold,  saving  that  the  Judges  of 
the  said  Court  may  hold  the  offices  of  Justice  of  the  Peace  throughout 
the  State  ;  nor  shall  they  hold  any  place  or  office,  or  receive  any  pen- 
sion or  salary,  from  any  other  State,  government,  or  power,  whatever. 

No  person  shall  be  capable  of  exercising,  at  the  same  time,  more 
than  one  of  the  following  offices  within  this  State,  viz.  Judge  of  Pro- 
bate, Sheriff,  Register  of  Deeds ;  and  never  more  than  two  offices  of 
profit,  which  may  be  held  by  appointment  of  the  Governor,  or  Gov- 
ernor and  Council,  or  Senate  and  House  of  Representatives,  or  Su- 
perior or  Inferior  Courts;  military  offices,  and  offices  of  Justices  of  the 
Peace,  excepted. 

No  person  holding  the  office  of  Judge  of  any  Court,  (except  Special 
Judges)  Secretary,  Treasurer  of  the  State,  Attorney-General,  Commis- 


140  STATE    OF    NEW    HAMPSHIRE. 

sary-General,  military  officers  receiving  pay  from  the  continent  or  this 
State,  (excepting  officers  of  the  militia,  occasionally  called  forth  on  an 
emergency)  Register  of  Deeds,  Sheriff,  or  officers  of  the  customs,  in- 
cluding naval  officers,  Collectors  of  excise,  and  State  and  continental 
taxes,  hereafter  appointed,  and  not  having  setded  their  accounts  with 
the  respective  officers  with  whom  it  is  their  duty  to  settle  such  accounts, 
members  of  Congress,  or  any  person  holding  any  office  under  the  United 
States,  shall  at  the  same  time  hold  the  office  of  Governor,  or  have  a 
seat  in  the  Senate,  or  House  of  Representatives,  or  Council ;  but  his 
being  chosen  and  appointed  to,  and  accepting  the  same,  shall  operate 
as  a  resignation  of  their  seat  in  the  chair,  Senate,  or  House  of  Repre- 
sentatives, or  Council ;  and  the  place  so  vacated  shall  be  filled  up.  No 
member  of  the  Council  shall  have  a  seat  in  the  Senate  or  House  of 
Representatives. 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  legislature,  or 
any  office  of  trust  or  importance  under  this  government,  who,  in  the  due 
course  of  law,  has  been  convicted  of  bribery  or  corruption,  in  obtain- 
ing an  election  or  appointment. 

In  all  cases  where  sums  of  money  are  mentioned  in  this  Constitution, 
the  value  thereof  shall  be  computed  in  silver  at  six  shillings  and  eight 
pence  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  danger  to  the 
State,  by  the  alterations  and  amendments  made  in  the  Constitution, 
the  General  Court  is  hereby  fully  authorized  and  directed  to  fix  the 
time  when  the  alterations  and  amendments  shall  take  effect,  and  make 
the  necessary  arrangements  accordingly. 

It  shall  be  the  duty  of  the  Selectmen,  and  assessors,  of  the  several 
towns  and  places  in  this  State,  in  warning  the  first  annual  meeting  for 
the  choice  of  Senators,  after  the  expiration  of  seven  years  from  the 
adoption  of  this  Constitution,  as  amended,  to  insert  expressly  in  the 
warrant,  this  purpose,  among  the  others  for  the  meeting,  to  wit,  to  take 
the  sense  of  the  qualified  voters  on  the  subject  of  a  revision  of  the 
Constitution  ;  and  the  meeting  being  warned  accordingly,  and  not  other- 
wise, the  Moderator  shall  take  the  sense  of  the  qualified  voters  present, 
as  to  the  necessity  of  a  revision ;  and  a  return  of  the  number  of  votes 
for  and  against  such  necessity,  shall  be  made  by  the  Clerk,  sealed  up, 
and  directed  to  the  General  Court,  at  their  then  next  session ;  and  if  it 
shall  appear  to  the  General  Court  by  such  return,  that  the  sense  of  the 
people  of  the  State  has  been  taken,  and  that,  in  the  opinion  of  the 
majority  of  the  qualified  voters  in  the  State,  present  and  voting  at  said 
meetings,  there  is  a  necessity  for  a  revision  of  the  Constitution,  it  shall 
be  the  duty  of  the  General  Court  to  call  a  Convention  for  that  purpose, 
otherwise  the  General  Court  shall  direct  the  sense  of  the  people  to  be 
taken,  and  then  proceed  in  the  manner  before  mentioned.  The  delegates 
to  be  chosen  in  the  same  manner,  and  proportioned,  as  the  Representa- 
tives to  the  General  Court ;  provided  that  no  alterations  shall  be  made 
in  this  Constitution,  before  the  same  shall  be  laid  before  the  towns  and 
unincorporated  places,  and  approved  by  two  thirds  of  the  qualified  vot- 
ers present  and  voting  on  the  subject. 

^  And  the  same  method  of  taking  the  sense  of  the  people,  as  to  a  revi- 
sion of  the  Constitution,  and  calling  a  Convention  for  that  purpose,  shall 
be  observed  afterwards,  at  the  expiration  of  every  seven  years. 

This  form  of  government  shall  be  enrolled  on  parchment,  and  de- 


JOURNAL    OF    CONVENTION. 


141 


posited  in  the  Secretary's  office,  and  be  a  part  of  the  laws  of  the  land; 
and  printed  copies  thereof  shall  be  prefixed  to  the  books  containing  the 
laws  of  this  State,  in  all  future  editions  thereof. 


Attest,     JOHN  CALFE,  Secretary. 


JOHN  PICKERING. 

President,  P.  T. 


Wednesday,  May  30^^  1792. 

Convention  met  according  to  adjournment. 

Proceeded  to  the  choice  of  a  Committee  for  examining  the 
Returns  from  the  several  Towns,  and  Mr.  Calfe,  Mr.  Plum- 
mer  &  INIr.  Thompson  were  chosen  to  report  on  said  Re- 
turns. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday  May  31^*,  1792. 

Convention  met  according  to  adjournment.  (The  Com- 
mittee not  being  ready  to  report)  adjourned  to  3  o'clock  p.  m. 
Met  accordingly.  Adjourned  to  9  o'clock  to-morrow  morn- 
ing. 

Friday,  June  i^^  1792. 

Convention  met  according  to  adjournment. 

The  Committee  appointed  to  examine  the  returns  from 
the  several  Towns  and  report  thereon,  Reported  in  the  fol- 
lowing words,  viz. 

[p.  133.]  "Your  Committee  have  carefully  entered  and  cast  all  the 
votes  of  the  several  Towns  in  this  State  agreeably  to  the  numbers  re- 
turned by  the  respective  clerks  for  and  against  the  amendments  to  the 
Constitution,  and  find  them  accepted  or  rejected  as  stated  in  the  follow- 
ing: list  or  schedule. 


[A  two-tliirds  vote  was  necessary 
ment. — Ed.] 


for  the  acceptance  of  an  amend- 


No.  I 
2 

3 

4 

5 
6 

7 
8 

9 

10 

u 


For 

994 
3760 

3567 
3336 
2511 
30S0 

1627 
4205 
4330 

2I2<S 


Against. 

3993  ....  Rejected 
293. . .  .Accepted 
462 Do. 

594 Do. 

1554 .Rejected 

969.. .  .Accepted 
914 Do. 

2226 Rejecf^. 

219. . .  .Accepted 
144 Do 

1846 Reject^. 


12 
13 

14 

15 
16 


For 
2407 
2624 

2300 

2542 


17  2763 
2343 

2329 

2693 

22   2946 


18 

19 
20 

21 


Against. 

1478 Rejecf^. 

1219. . .  .Accepted 

1 102 Do. 

1500 Reject'^ 

1 1 74 Accepted 

1065 AcctP^. 

1 541 Reject^ 

1657 Rejct*^ 

1191 Reje*^. 

1034 Accepted 

813 Do. 


142 


STATE    OF    NEW    HAMPSHIRE. 


24 

25 
26 

27 
28 
29 
30 


33 
34 
35 
36 
37 
38 

39 

40 

134.] 
41 
42 

43 

44 

45 
46 

47 


For 
2565 
2868 
2406 

2653 
28S3 

30S7 
2018 

2475 
2203 
1920 
2659 
2319 
2183 
2327 
2077 
2422 
2467 
2104 

22S7 

2553 
1929 
2102 
2356 
4623 
2384 


Against. 
. 1007. . 
.  800  .  . 
.1255  . 
. II20. . 

.  489.. 
.  460., 
.1769. 
.  I  I  63  . . 
.1454. 
. 161  I  . 
.1081.. 
.1258  . 

•i33<^- 
. 1 196  . 
.1558. 
.1113.. 
.  1220.. 
. 1270  . 

•1336. 
.1044.. 

.1584. 
.1320. 
.  II 13.. 
.   820.. 
. 1092.. 


.Accepted 
......Do. 

.Rejected 
.Accepted 

Do. 

Do. 

.Rejected 
.Accepted 
.Rejected 
.Rejected 
.Accepted 
.Rejected 
.Rejected 
.Rejected 
.Rejected 

•  Accepted 
......Do. 

.Rejected 

.Rejected 
.Accepted 

•  Rejected 
.Rejected 

•  Accepted 

Do. 

Do- 


48 

49 
50 
51 
52 
53 
54 
55 
56 
57 
58 

59 
60 

61 

62 

63 

64 

65 
66 

67 
68 
69 

70 

71 

72 


For 
116^ 
2748 
32S4 
2391 
2869 
3III 
2168 
1540 
2156 
1883 
2228 
2607 

3140 
2899 
3268 
2540 
2905 
2852 

3037 
3085 
2244 
2127 

2499 
3104 

3327 


Against. 

.  .1248 Rejected 

. .   649.. .  .Accepted 

..   3T^ Do. 

.  •  1019 Do. 

. .   714 Do. 

. .  426 Do. 

. .  1368  . . .  .Rejected 

. .  191 1 Rejected 

. .  1 192  . Rejected 

• .  1340 Rejected 

. .  1 103 Accepted 

. .  912 Do. 

.  •   499 Do. 

. .  450 Do. 

. .   294 Do. 

. .  404 Do. 

..  439 Do. 

. .  302 Do. 

. .  300 Do. 

•  •  205 Do. 

. .  907 Do^ 

..  682 Do. 

..  867 Do. 

. .  226 Do. 

..  187 Do. 

John  Calfe 
Eben'.  Thompson 
Wm.  Plummer. 

Voted,  that  Mr.  Plummer,  Mr.  Thompson,  Mr.  Jere^'  Smith 
and  Mr.  Freeman  be  a  Committee  to  take  under  considera- 
tion what  is  necessary  to  be  done  by  the  Convention  with 
the  Constitution,  and  the  Report  of  the  Committee  this  day 
made  upon  the  amendments  proposed  :  and  report  thereon. 

Adjourned  to  4  o'clock  p.  m.     Met  accordingly. 

The  Committee  not  being  ready  to  report,  Convention  ad- 
journed to  8  o'clock  to-morrow  morning. 

Saturday,  June  2^\  1792. 

Convention  met  according  to  adjournment. 

The  Committee  to  take  under  consideration  what  is  nec- 
essary to  be  done  by  the  Convention  with  the  Constitution 
and  the  Report  of  the  Committee  this  day  made  upon  the 
amendments  proposed  ; — Reported  in  the  following  words, 
(viz.) 

"Your  Committee  have  carefully  compared  the  several  articles  of 
amendments  that  are  approved  of  by  the  people  with  the  Constitution, 
and  it  appears  that  under  the  head  Senate,  the  people  have  directed  the 


Sign'd 


JOURNAL    OF    CONVENTION.  1 43 

Senate  to  elect  their  own  President,  and  authorized  him  to  fill  the  chair 
of  Governor  when  vacant,  but  when  he  exercises  the  office  of  Governor 
he  shall  not  hold  the  office  of  President  of  the  Senate  :  That  they  have 
made  some  additions  to  the  Constitution  under  this  head,  but  have  not 
altered  the  number  of  Senators  or  the  mode  of  their  election. 

"That  under  the  head  of  Executive  Power,  the  Stile  of  the  Chief 
[p.  136.]  Magistrate  is  changed  from  President  to  Governor ;  That  he 
is  not  to  preside  in  the  Senate,  but  by  the  Constitution  is  to  have  a  vote 
there  with  any  other  Senator,  and  a  casting  vote  in  case  of  a  tie. 

"That  the  paragraphs  under  the  head  Council  in  the  Constitution  are 
not  expunged,  yet  several  paragraphs  of  the  Amendments  are  approved 
of  that  seem  to  recognize  the  election  of  Counsellors  by  the  people  and 
not  by  the  Legislature  ;  and  that  the  people  by  a  clause  agreed  upon  in 
the  Exclusion  bill,  have  expressly  prohibited  the  members  of  the  Coun- 
cil from  having  a  seat  in  the  Legislature. 

"That  as  to  the  other  Articles  of  Amendments  that  are  approved  of, 
it  appears  that  they  are  not  inconsistent  with  the  Constitution,  except 
such  parts  of  it  as  are  thereby  repealed  :  Your  Committee  therefore  sub- 
mit it  to  the  consideration  of  the  Convention,  whether  it  is  not  neces- 
sary that  some  further  articles  of  amendments  respecting  the  Governor 
and  Council  should  be  again  submitted  to  the  people  for  their  approba- 
tion. 

Sign"!  Wm,  Plumer,  for  the  Committee." 

[p.  137.]  Voted  That  the  Convention  Resolve  themselves 
into  a  Committee  of  the  whole,  to  take  under  consideration 
the  Report  of  the  Committee  last  mentioned.  The  Hon^^^ 
Timothy  Walker  Esq^.  in  the  chair. 

The  Committee  of  the  whole,  having  taken  under  consider- 
ation the  Report  of  the  Select  Committee,  after  debate 
thereon  came  to  the  following  resolution, — (viz.) 

Resolved,  that  it  is  the  opinion  of  this  Committee  that 
amendments  to  the  Constitution  be  sent  out  to  the  people  of 
this  State  for  their  approbation, — the  amendments  by  the 
returns  made  to  this  Convention  having  been  found  on  ex- 
amination to  be  inconsistent  with  the  Constitution  and  with 
each  other. 

The  Committee  then  rose  and  the  President  took  the 
chair.  Report  was  then  made  by  the  Chairman  to  the  Presi- 
dent &  Convention  of  the  proceedings  of  the  Committee  of 
the  whole : — which  report  was  received  and  accepted. 

Motion  was  then  made  to  appoint  a  Committee  for  the 
purpose  of  draughting  such  amendments  as  may  be  judged 
necessary  to  be  sent  out  to  the  people  ;  which  motion  ob- 
tained, and  that  the  s'^  Com^^'^  consist  of  seven.  The  ballots 
[p.  138.]  being  taken  and  counted,  Mr.  Plummer,  Mr.  Walker, 
Mr.  Jere'\  Smith,  Mr.  Atherton,  Mr.  Thompson,  Mr.  New- 
comb  and  Mr.  Livermore  were  appointed  the  Committee. 

Adjourned  to  Monday  next  at  lO  o'clock,  a.  m. 


144  STATE    OF    NEW    HAMPSHIRE. 

Monday  June  4,  1792. 

Convention  met  according  to  adjournment. 

The  Committee  appointed  on  Saturday  last,  reported 
(verbally)  that  a  majority  of  the  Committee  were  of  opinion 
that  the  seeming  inconsistency  mentioned  in  the  Report  of 
the  Committee  of  Saturday  last,  may  be  fairly  reconciled, 
and  therefore  requested  to  be  discharged.  Motion  being 
made  and  seconded  for  that  purpose,  it  was  put  and  the 
Committee  discharged. 

Motion  was  then  made  that  such  part  of  the  amendments 
as  are  contained  under  the  head  Executive  Power,  as  hereto- 
[p.  139.]  fore  sent  out  to  the  people,  be  again  sent  out  for 
their  acceptance,  or  rejection,  with  the  alterations  of  the  last 
Wednesday  of  October  to  the  i^*  Wednesday  of  June — which 
motion  prevailed. 

Adjourned  to  3  o'clock,  p.  m.     Met  accordingly. 

Motion  was  made  that  such  part  of  the  amendments  as 
are  contained  under  the  head  Council,  as  heretofore  sent  out 
to  the  people,  with  the  alterations  from  the  last  Wednesday 
of  October  to  the  first  Wednesday  of  June,  and  adding  to 
what  was  then  N**.  forty-two,  the  following  words :  "  And  the 
qualifications  for  Counsellors  shall  be  the  same  as  for  Sena- 
tors :  "  and  in  the  forty-fifth  Number,  the  words,  "be  thus 
chosen  a  counsellor "  to  follow  the  word  "  person,"  be 
added,  and  the  numbers  forty-three  and  forty-four  left  out  as 
rejected  by  the  people — which  motion  prevailed. 

Resolved,  That  a  Committee  be  chosen  to  consider  what 
further  amendments  to  the  Constitution  are  necessary  to  be 
sent  out  to  the  people.  The  Committee  appointed  are,  Mr. 
Page  (Charlestown)  Mr.  Hoit,  &  Mr.  Livermore  of  Ports- 
mouth, and  that  they  prepare  an  address  to  accompany  the 
amendments.* 

Adjourned  to  7  o'clock  to-morrow  morning. 

[p.  140.]  Tuesday,  June  5^^  1792. 

Convention  met  according  to  adjournment. 

The  Committee  appointed  to  consider  what  further  amend- 
ments are  necessary  to  be  sent  out  to  the  people,  reported 
in  the  following  words  : 

"The  Committee  to  whom  was  referred  to  consider  what  further 
amendments  to  the  Constitution  are  necessary  to  be  sent  to  the  People, 
&c.  Report  the  following  Articles,  viz. 

*The  editor  has  searched  in  vain  for  an  address  as  ordered  to  be  sent  out  to  the  people. 


JOURNAL    OF    CONVENTION.  1 45 

[p.  142.]  SENATE. 

The  Senate  shall  consist  of  twelve  members,  who  shall  hold  their 
office  for  one  year,  from  the  first  Wednesday  of  June  next  ensuing 
their  election. 

[p.  143.]  And  that  the  State  may  be  equally  represented  in  the  Senate, 
the  Legislature  shall,  from  time  to  time,  divide  the  State  into  twelve 
districts,  as  nearly  equal  as  may  be  without  dividing  tow^ns  and  unin- 
corporated places  ;  and  in  making  this  division,  they  shall  govern  them- 
selves by  the  proportion  of  direct  taxes  paid  by  the  said  districts,  and 
timely  make  known  to  the  inhabitants  of  the  State  the  limits  of  each 
district. 

The  freeholders  and  other  inhabitants  of  each  district,  qualified  as  in 
this  Constitution  is  provided,  shall  annually  give  in  their  votes  for  a 
Senator,  at  some  meeting  holden  in  the  month  of  March. 

The  Senate  shall  be  the  first  branch  of  the  Legislature ;  and  the  Sen- 
ators shall  be  chosen  in  the  following  manner,  viz.  Every  male  inhabi- 
tant, of  each  town,  and  parish  with  town  privileges,  and  places  unincor- 
porated, in  this  State,  of  twenty-one  years  of  age  and  upwards,  excepting 
paupers,  and  persons  excused  from  paying  taxes  at  their  own  request, 
shall  have  a  right,  at  the  annual  or  other  meetings  of  the  inhabitants  of 
said  towns  and  parishes,  to  be  duly  warned  and  holden  annually  forever 
in  the  month  of  March,  to  vote  in  the  town  or  parish  wherein  he  dwells, 
for  the  Senator  in  the  district  whereof  he  is  a  member, 
[p.  144.]  Provided  nevertheless.  That  no  person  shall  be  capable  of 
being  elected  a  Senator,  who  is  not  of  the  Protestant  religion,  and  seized 
of  a  freehold  estate,  in  his  own  right,  of  the  value  of  two  hundred  pounds, 
l3*ing  within  this  State,  who  is  not  of  the  age  of  thirty  }-ears,  and  who 
shall  not  have  been  an  inhabitant  of  this  State  for  seven  years  immedi- 
ately preceding  his  election,  and  at  the  time  thereof  he  shall  be  an 
inhabitant  of  the  district  for  which  he  shall  be  chosen. 

And  every  person,  qualified  as  the  Constitution  provides,  shall  be 
considered  an  inhabitant  for  the  purpose  of  electing  and  being  elected 
into  any  office  or  place  within  this  State,  in  the  town,  parish,  and  plan- 
tation, where  he  dwelleth  and  hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  Constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  Senators,  in 
the  plantations  and  places  wherein  they  reside,  as  the  inhabitants  ot  the 
respective  towns  and  parishes  aforesaid  have.  And  the  meetings  ot  such 
plantations  and  places  for  that  purpose,  shall  be  holden  annually  in  the 
[p.  145.]  month  of  March,  at  such  places  respectively  therein  as  the  as- 
sessors thereof  shall  direct ;  which  assessors  shall  have  like  authority 
for  notifying  the  electors,  collecting  and  returning  the  votes,  as  the 
Selectmen  and  Town  Clerks  have  in  their  several  towns  by  this  Consti- 
tution. 

The  meetings  for  the  choice  of  Governor,  Council,  and  Senators, 
shall  be  warned  by  warrant  from  the  Selectmen,  and  governed  by  a  Mod- 
erator, who  shall,  in  the  presence  of  the  Selectmen,  (whose  duty  it  shall 
be  to  attend)  in  open  meeting,  receive  the  votes  of  all  the  inhabitants  of 
such  towns  and  parishes  present,  and  qualified  to  vote  for  Senators  ;  and 
shall,  in  said  meetings,  in  presence  of  the  said  Selectmen  and  of  the  Town 
Clerk,  in  said  meeting,  sort  and  count  the  said  votes,  and  make  a  public 
10 


146  STATE    OF   NEW   HAMPSHIRE. 

declaration  thereof,  with  the  name  of  every  person  voted  for,  and  the 
number  of  votes  for  each  person :  And  the  Town  Clerk  shall  make  a 
fair  record  of  the  same  at  large,  in  the  town  book,  and  shall  make  out  a 
fair  attested  copy  thereof,  to  be  by  him  sealed  up  and  directed  to  the 
Secretary  of  the  State,  with  a  superscription  expressing  the  purport 
thereof:  And  the  said  Town  Clerk  shall  cause  such  attested  copy  to  be 
delivered  to  the  sheriff  of  the  county  in  which  such  town  or  parish 
[p.  146.]  shall  lie,  thirty  days  at  least  before  the  first  Wednesday  of  June  ; 
or  to  the  Secretary  of  the  State  at  least  twenty  days  before  the  first 
Wednesday  of  June  :  And  the  Sheriff"  of  each  county,  or  his  Deputy, 
shall  deliver  all  such  certificates  by  him  received,  into  the  Secretary's 
office,  at  least  twenty  days  before  the  first  Wednesday  of  June. 

And,  that  there  may  be  a  due  meeting  of  Senators  on  the  first 
Wednesday  of  June  annually,  the  Governor  and  a  majority  of  the 
Council  for  the  time  being,  shall,  as  soon  as  may  be,  examine  the  re- 
turned copies  of  such  records,  and  fourteen  days  before  the  said  first 
Wednesday  of  June,  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen  Senators,  by  a  majority  of  votes,  to  attend  and  take 
their  seats  on  that  day. 

Provided  nevertheless,  That  for  the  first  year  the  said  returned  copies 
shall  be  examined  by  the  President,  and  a  majority  of  the  Council  then 
in  office  ;  and  the  said  President  shall,  in  like  manner,  notify  the  per- 
sons elected,  to  attend  and  take  their  seats  accordingly. 

And  in  case  there  shall  not  appear  to  be  a  Senator  elected,  by  a  ma- 
jority of  votes,  for  any  district,  the  deficiency  shall  be  supplied  in  the 
[p.  147.]  following  manner,  viz.  The  members  of  the  House  of  Repre- 
sentatives, and  such  Senators  as  shall  be  declared  elected,  shall  take 
the  names  of  the  two  persons  having  the  highest  number  of  votes  m 
the  district,  and  out  of  them  shall  elect,  by  joint  ballot,  the  Senator 
wanted  for  such  district ;  and  in  this  manner  all  such  vacancies  shall 
be  filled  up,  in  every  district  of  the  State ;  and  in  like  manner  all  va- 
cancies in  the  Senate,  arising  by  death,  removal  out  of  the  State,  or 
otherwise,  shall  be  supplied,  as  soon  as  may  be  after  such  vacancies 
happen. 

The  Senate  shall  be  final  judges  of  the  elections,  returns,  and  qualifi- 
cations, of  their  own  members,  as  pointed  out  in  this  Constitution. 

The  Senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time. 

Provided  nevertheless.  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  proper,  although  the  Legislature  be  not  assembled  on  such 
day,  or  at  such  place. 

The  Senate  shall  appoint  their  President,  and  other  officers,  and  deter- 
mine their  own  rules  of  proceedings  :  And  not  less  than  seven  members  of 
[p.  148.]  the  Senate  shall  make  a  quorum  for  doing  business  ;  and  when 
less  than  eight  Senators  shall  be  present,  the  assent  of  five,  at  least,  shall 
be  necessary,  to  render  their  acts  and  proceedings  valid. 

The  Senate  shall  be  a  Court,  with  full  power  and  authority  to  hear,  try, 
and  determine,  all  impeachments  made  by  the  House  of  Representatives 
against  any  officer  or  officers  of  the  State,  for  bribery,  corruption,  mal- 
practice, or  mal-administration,  in  office,  with  full  power  to  issue  sum- 
mons or  compulsory  process,  for  convening  witnesses  before  them  :  But 
previous  to  the  trial  of  any  such  impeachment,  the  members  of  the 


JOURNAL    OF    CONVENTION.  1 4/ 

Senate  shall  respectively  be  sworn  truly  and  impartially  to  try  and  de- 
termine the  charge  in  question,  according  to  evidence.  And  every 
officer,  impeached  for  bribery,  corruption,  mal-practice,  or  mal-admin- 
istration,  in  office,  shall  be  served  with  an  attested  copy  of  the  im- 
peachment, and  order  of  Senate  thereon,  with  such  citation  as  the 
Senate  may  direct,  setting  forth  the  time  and  place  of  their  sitting  to 
try  the  impeachment ;  which  service  shall  be  made  by  the  sheriff,  or 
such  other  sworn  officer  as  the  Senate  may  appoint,  at  least  fourteen 
[p.  149.]  days  previous  to  the  time  of  trial;  and  such  citation  being  duly 
served  and  returned,  the  Senate  may  proceed  in  the  hearing  of  the 
impeachment,  giving  the  person  impeached,  if  he  shall  appear,  full 
liberty  of  producing  witnesses  and  proofs,  and  of  making  his  defence, 
by  himself  and  counsel ;  and  may  also,  upon  his  refusing  or  neglect- 
ing to  appear,  hear  the  proofs  in  support  of  the  impeachment,  and  render 
judgment  thereon,  his  non-appearance  notwithstanding ;  and  such  judg- 
ment shall  have  the  same  force  and  effect  as  if  the  person  impeached  had 
appeared  and  pleaded  in  the  trial.  Their  judgment,  however,  shall  not 
extend  further  than  removal  from  office,  disqualification  to  hold  or  enjoy 
any  place  of  honor,  trust,  or  profit  under  this  State ;  but  the  party  so 
convicted,  shall  nevertheless  be  liable  to  indictment,  trial,  judgment,  and 
punishment,  according  to  the  laws  of  the  land. 

Whenever  the  Governor  shall  be  impeached,  the  Chief  Justice  of 
the  Supreme  Judicial  Court  shall,  during  the  trial,  preside  in  the  Senate, 
but  have  no  vote  therein. 

[p.  151.]  The  Committee  find  that  the  following  articles  of  amend- 
ments being  approved  by  the  people,  are  so  unconnected  with  other  ar- 
ticles that  there  is  no  necessity  for  again  submitting  them  to  the  people 
[p.  152.]     to  be  voted  upon,  viz. 

The  2,  3,  4,  6,  7,  9,  10,  26,  27,  28,  39,  49,  50,  51,  52,  53,  58,  59,  60, 
61,  62,  63,  64,  65,  66,  67,  68,  69,  70,  71,  72. 

The  Committee  are  of  opinion  that  the  Articles  last  mentioned  be 
printed,  that  the  People  may  be  informed  what  is  already  ratified,  and 
that  the  amendments  now  to  be  sent  out  be  printed  with  the  following 
Certificate  at  the  end,  viz. 

I town  clerk  of do  certify  that  at  a  legal 

meeting  duly  warned  and  held  in  the  town  of in  the  county 

of this day  of Anno  Domini,  1792,  for  the  pur- 
pose of  considering  the  foregoing  amendments  to  the  Constitution  of 
the  State  of  New  Hampshire,  as  agreed  upon  in  Convention,  that  there 

[p.  1 53]  were voters  present  who  voted  for  the  amendments  and 

voters  present  who  voted  against  the  amendments. 

Attest,  Town  Clerk, 

The  Committee  are  further  of  opinion  that  the  following  Resolve  be 
printed  with  the  amendments  to  be  sent  out,  viz. 

In  Convention  held  at  Concord  the  last  Wednesday  of  May  1792,  by 
adjournment : 

Whereas  upon  examining  the  returns  from  the  several  Towns  &  unin- 
corporated places,  it  appears  that  under  the  heads  Senate,  Governor  & 
Council  many  articles  are  approved  by  two  thirds  of  the  voters,  and 
many  are  not  approved ;  by  reason  whereof  said  amendments  are  ren- 
[p.  154.]  dered  inconsistant  &.  contradictory,  and  the  Convention  not 


148  STATE    OF    NEW    HAMPSHIRE. 

having  the  power  to  reject  what  has  been  approved  by  the  People  as 
aforesaid : — 

Therefore  Resolved,  that  Articles  be  again  sent  out  to  be  laid  before 
the  several  towns  and  unincorporated  places,  on  the  27'^  day  of  August 
next,  that  the  whole  may  be  approved  or  rejected ;  and  that  return 
thereof  be  made  to  the  Convention  on  the  5'*^  day  of  Sept,  next,  and 
that  the  articles  which  have  been  already  approved  by  more  than  two 
thirds  of  the  voters,  and  not  inconsistant  or  contradictory,  be  printed, 
that  it  may  be  known  what  articles  have  been  ratified  by  the  People  ; 
and 

Whereas,  if  the  articles  now  sent  out  are  not  approved  by  two  thirds 
[p.  155.]  of  the  qualified  voters,  the  last  clause  in  the  exclusion  bill, 
which  is  in  the  words  following, — "No  member  of  the  Council  shall 
have  a  seat  in  the  Senate  or  House  of  Representatives,"  will  be  repug- 
nant to  other  parts  of  the  Constitution  : — Therefore 

Resolved,  That  an  article  be  sent  out  for  expunging  said  clause. 

The  Committee  also  report  an  Article  for  expunging  part  of  the  ex- 
clusion bill,  which  is  as  follows,  viz. 

The  last  clause  in  the  exclusion  bill  which  is  in  the  words  following, 
viz.  "  No  member  of  the  Council  shall  have  a  seat  in  the  Senate  or 
House  of  Representatives,"  shall  be  expunged, 
[p.  156.]     All  which  is  respectfully  submitted,  by 

Wm.  Page, 
for  the  Committee. 

Which  report  was  read  and  considered,  Rec'^  and  accepted. 

Resolved  that  a  committee  be  appointed  to  report  to  the 
Convention,  that  part  of  the  amendments  to  be  sent  out  to 
the  people,  under  the  head  Executive,  agreeably  to  the 
votes  of  the  Convention. 

The  Committee,  Mr.  Plummer,  Mr.  Smith  of  Peterboro' 
and  Mr.  Livermore  of  Portsmouth. 

The  above  named  Committee  reported  in  the  following 
words : 

EXECUTIVE   POWER. 

GOVERNOR. 

There  shall  be  a  Supreme  Executive  Magistrate,  who  shall  be  stiled 
the  Governor  of  the  State  of  New  Hampshire,  and  whose  title 
shall  be  his  Excellency. 

[p.  158.]  The  Governor  shall  be  chosen  annually,  in  the  month  of 
March  ;  and  the  votes  for  Governor  shall  be  received,  sorted,  counted, 
certified,  and  returned,  in  the  same  manner  as  the  votes  for  Senators  ; 
and  the  Secretary  shall  lay  the  same  before  the  Senate  and  House  of 
Representatives,  on  the  first  Wednesday  of  June,  to  be  by  them  ex- 
amined ;  and  in  case  of  an  election  by  a  majority  of  votes  through 
the   State,  the  choice  shall  be  by  them  declared  and  published. 

And  the  qualifications  of  electors  of  the  Governor  shall  be  the  same 
[p.  159.]  as  those  for  Senators  ;  and  if  no  person  shall  have  a  majority 
of  votes,  the  Senate  and  House  of  Representatives  shall,  by  joint  ballot, 


JOURNAL    OF    CONVENTION.  I49 

elect  one  of  the  two  persons  having  the  highest  number  of  votes,  who 
shall  be  declared  Governor. 

And  no  person  shall  be  eligible  to  this  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  State  for  seven 
years  next  preceding,  and  unless  he  shall  be  of  the  age  of  thirty  years, 
and  unless  he  shall,  at  the  same  time,  have  an  estate  of  the  value  of 
five  hundred  pounds,  one  half  of  which  shall  consist  of  a  freehold,  in 
his  own  right  within  this  State,  and  unless  he  shall  be  of  the  Protestant 
religion. 

In  cases  of  disagreement  between  the  two  houses,  with  regard  to  the 
time  or  place  of  adjournment  or  prorogation,  the  Governor,  with  advice 
of  Council,  shall  have  a  right  to  adjourn  or  prorogue  the  General  Court, 
not  exceeding  ninety  days  at  any  one  time,  as  he  may  determine  the 
public  good  may  require,  and  he  shall  dissolve  the  same  seven  days 
before  the  said  first  Wednesday  of  June. 

And  in  case  of  any  infectious  distemper  prevailing  in  the  place  where 
[p.  160.]  the  said  Court  at  any  time  is  to  convene,  or  any  other  cause, 
whereby  dangers  may  arise  to  the  health  or  lives  of  the  members  from 
their  attendance,  the  Governor  may  direct  the  session  to  be  holden  at 
some  other  the  most  convenient  place  within  the  State. 

Every  bill  which  shall  have  passed  both  Houses  of  the  General 
Court,  shall,  before  it  become  a  law.  be  presented  to  the  Governor,  if 
he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  ob- 
jections, to  that  house  in  which  it  shall  have  originated,  who  shall  enter 
the  objections  at  large  on  their  Journal,  and  proceed  to  reconsider  it; 
if,  after  such  reconsideration,  two  thirds  of  that  House  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  such  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays,  and 
the  names  of  the  persons,  voting  for  or  against  the  bill,  shall  be  entered 
on  the  Journal  of  each  house  respectively.  If  any  bill  shall  not  be  re- 
turned by  the  Governor,  within  five  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law%  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  Legislature,  by  their  adjournment, 
[p.  161.]  prevent  its  return,  in  which  case  it  shall  not  be  a  law'. 

Every  resolve  shall  be  presented  to  the  Governor,  and,  before  the  same 
shall  take  eff'ect,  shall  be  approved  by  him,  or  being  disapproved  by 
him,  shall  be  repassed  by  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

All  judicial  officers,  the  Attorney  General,  Solicitors,  all  Sheriffs, 
Coroners,  Registers  of  Probate,  and  all  officers  of  the  navy,  and  general 
and  field  officers  of  the  militia,  shall  be  nominated  and  appointed  by  the 
Governor  and  Council ;  and  every  such  nomination  shall  be  made  at  least 
three  days  prior  to  such  appointment ;  and  no  appointment  shall  take 
place,  unless  a  majority  of  the  Council  agree  thereto.  The  Governor  and 
Council  shall  have  a  negative  on  each  other,  both  in  the  nominations  and 
appointments.  Every  nomination  and  appointment  shall  be  signed  by 
the  Governor  and  Council,  and  every  negative  shall  be  also  signed  by  the 
Governor  or  Council  who  made  the  same. 

The  Captains  and  Subalterns,  in  the  respective  regiments,  shall  be 
nominated  and  recommended  by  the  field  officers,  to  the  Governor, 
who  is  to  issue  their  commissions  immediately  on  receipt  of  such 
recommendation. 


150  STATE   OF    NEW    HAMPSHIRE. 

[p.  162.]  Whenever  the  chair  of  the  Governor  shall  become  vacant, 
by  reason  of  his  death,  absence  from  the  State,  or  otherwise,  the  Presi- 
dent of  the  Senate  shall,  during  such  vacancy,  have  and  exercise  all 
the  powers  and  authorities,  which  by  this  Constitution,  the  Governor  is 
vested  with,  when  personally  present ;  but  when  the  President  of  the 
Senate  shall  exercise  the  office  of  Governor,  he  shall  not  hold  his  office 
in  the  Senate. 

The  Governor,  with  advice  of  Council,  shall  have  full  power  and  au- 
thority, in  the  recess  of  the  General  Court,  to  prorogue  the  same  from 
time  to  time,  not  exceeding  ninety  days,  in  any  one  recess  of  said 
Court ;  and  during  the  session  of  said  Court,  to  adjourn  or  prorogue  it 
to  any  time  the  two  Houses  may  desire,  and  to  call  it  together  sooner 
than  the  time  to  which  it  may  be  adjourned,  or  prorogued,  if  the  wel- 
fare of  the  State  should  require  the  same. 

The  Governor  of  this  State  for  the  time  being  shall  be  commander 
in  chief  of  the  army  and  navy,  and  all  the  military  forces  of  the  State, 
by  sea  and  land  :  and  shall  have  full  power  by  himself,  or  by  any  chief 
commander,  or  other  officer,  or  officers,  from  time  to  time,  to  train, 
[p.  163.]  instruct,  exercise  and  govern  the  militia  and  navy;  and  for 
the  special  defence  and  safety  of  this  State,  to  assemble  in  martial 
array,  and  put  in  warlike  posture,  the  inhabitants  thereof,  and  to  lead 
and  conduct  them,  and  with  them  to  encounter,  expulse,  repel,  resist 
and  pursue  by  force  of  arms,  as  well  by  sea  as  by  land,  within  and  with- 
out the  limits  of  this  State  ;  and  also  to  kill,  slay,  destroy,  if  necessary, 
and  conquer  by  all  fitting  ways,  enterprize  and  means,  all  and  every 
such  person  and  persons  as  shall,  at  any  time  hereafter,  in  a  hostile 
manner,  attempt  or  enterprize  the  destruction,  invasion,  detriment  or 
annoyance  of  this  State ;  and  to  use  and  exercise  over  the  army  and 
navy,  and  over  the  militia  in  actual  service,  the  law-martial  in  time  of 
war,  invasion,  and  also  in  rebellion,  declared  by  the  Legislature  to 
exist,  as  occasion  shall  necessarily  require  :  And  surprize,  by  all  ways 
and  means  whatsoever,  all  and  every  such  person  or  persons,  with  their 
ships,  arms,  ammunition,  and  other  goods,  as  shall  in  a  hostile  manner 
invade,  or  attempt  the  invading,  conquering,  or  annoying  this  State: 
And  in  fine,  the  Governor  hereby  is  entrusted  with  all  other  powers 
incident  to  the  office  of  Captain-General  and  Commander  in  Chief,  and 
Admiral,  to  be  exercised  agreeably  to  the  rules  and  regulations  of  the 
[p.  164.]  Constitution,  and  the  laws  of  the  land:  Provided,  that  the 
Governor  shall  not,  at  any  time  hereafter,  by  virtue  of  any  power  by 
this  Constitution  granted,  or  hereafter  to  be  granted  to  him  by  the 
Legislature,  transport  any  of  the  inhabitants  of  this  State,  or  oblige  them 
to  march  out  of  the  limits  of  the  same,  without  their  free  and  volun- 
tary consent,  or  the  consent  of  the  General  Court,  nor  grant  commis- 
sions for  exercising  the  law  martial  in  any  case,  without  the  advice  and 
consent  of  the  Council. 

The  power  of  pardoning  offences,  except  such  as  persons  may  be 
convicted  of  before  the  Senate,  by  impeachment  of  the  House,  shall 
be  in  the  Governor,  by  and  with  the  advice  of  the  Council :  But  no 
charter  of  pardon  granted  by  the  Governor,  with  advice  of  Council,  be- 
fore conviction,  shall  avail  the  party  pleading  the  same,  notwithstand- 
ing any  general  or  particular  expressions  contained  therein,  descriptive 
of  the  offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia  shall  be  re- 


JOURNAL    OF    CONVENTION.  I5I 

moved  from  his  office,  but  b}*  the  address  of  both  Houses  to  the  Gov- 
[p.  165.]  ernor,  or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of 
the  State  for  the  time  being. 

The  commanding  officers  of  the  regiments  shall  appoint  their  Adju- 
tants and  Quarter-Masters ;  the  Brigadiers,  their  Brigade-Majors  ;  the 
?>Iajor-Generals,  their  Aids ;  the  Captains  and  Subalterns,  their  non- 
commissioned officers. 

The  Governor  and  Council  shall  appoint  all  officers  of  the  continental 
arm}-,  whom,  by  the  confederation  of  the  United  States,  it  is  provided 
that  this  State  shall  appoint ;  as  also  all  officers  of  forts  and  garrisons. 

The  division  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  State,  until  the  same  shall 
be  altered  by  some  future  law. 

No  monies  shall  be  issued  out  of  the  treasury  of  this  State,  and  dis- 
posed of,  (except  such  sums  as  may  be  appropriated  for  the  redemption 
of  bills  of  credit,  or  Treasurer's  notes,  or  for  the  payment  of  interest 
arising  thereon)  but  by  warrant  under  the  hand  of  the  Governor  for  the 
time  being,  by  and  with  the  advice  and  consent  of  the  Council,  for  the 
necessary  support  and  defence  of  this  State,  and  for  the  necessary  pro- 
[p.  166.]  tection  and  preservation  of  the  inhabitants  thereof,  agreeably 
to  the  acts  and  resolves  of  the  General  Court. 

All  public  boards,  the  Commissary-General,  all  superintending  officers 
of  public  magazines  and  stores,  belonging  to  this  State,  and  all  com- 
manding officers  of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially,  and  without  requisition,  and  at  other 
times  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon,  with  their  appendages, 
and  small  arms,  with  their  accoutrements,  and  of  all  other  public  prop- 
erty under  their  care  respectively ;  distinguishing  the  quantity  and  kind 
of  each,  as  particularly  as  may  be  ;  together  with  the  condition  of  such 
forts  and  garrisons  :  And  the  commanding  officer  shall  exhibit  to  the 
Governor,  when  required  by  him,  true  and  exact  plans  of  such  forts, 
and  of  the  land  and  sea,  or  harbor  or  harbors  adjacent. 

The  Governor  and  Council  shall  be  compensated  for  their  services, 
from  time  to  time,  by  such  grants  as  the  General  Court  shall  think  rea- 
sonable. 

Permanent  and  honorable  salaries  shall  be  established  by  law,  for  the 
Justices  of  the  Superior  Court. 

Wm.  Plumer 

for  the  Committee. 

Which  report  being  read  and  considered,  Voted  that  it  be 
received  &  accepted. 

[p.  167.]  Voted,  that  when  the  foregoing  amendments  shall 
become  a  part  of  the  Constitution  of  this  State,  the  several 
paragraphs  now  in  the  Constitution  established  31^'  of  Octo- 
ber 1783,  under  the  several  heads,  Senate,  Executive 
Power  or  President,  and  under  the  head  Council,  be  con- 
sidered as  no  longer  in  force. 

Voted,  That  when  the  Convention  adjourns,  that  it  be  to 


152  STATE    OF   NEW   HAMPSHIRE. 

meet  again  at  Concord  on  the  first  Wednesday  in  Septem- 
ber next. 

Voted  That  Mr.  Walker,  Mr.  Tinney  &  Mr.  Calfe  be  a 
Committee  to  procure  500  copies  of  the  Amendments 
agreed  on  by  the  Convention,  to  be  sent  to  the  people. 

Voted,  That  the  Secretary  be  desired  to  make  out  a  copy 
of  the  articles  and  resolves  agreed  on  to  be  sent  out  to  the 
people  as  soon  as  may  be,  and  employ  some  person  to  carry 
the  same  to  the  President  for  his  signature,  and  to  return 
the  same  to  the  Committee  appointed  to  get  the  articles 
printed. 

Adjourned  to  the  first  Wednesday  in  September  next, 
then  to  meet  at  Concord,  at  10  o'clock,  a.  m. 


[Note. — Agreeably  to  the  abovesaid  votes,  the  foregoing  articles 
(taken  from  printed  copy)  were  sent  out  to  the  people,  in  form  as  fol- 
lows.] 

Articles  in  addition  to  and  amendment  of  the  Con- 
stitution OF  THE  State  of  New  Hampshire,  agreed 
TO  BY  the  Convention  of  said  State,  &  submitted 

TO    THE    PEOPLE    THEREOF    FOR    THEIR    APPROBATION. 


In  Convention  held  at  Concord,  the  last  Wednesday  of  May,  1792, 
by  adjo2t.?'iunc?it. 

Whereas  upon  examining  the  retiir7is  froui  the  several  toiuns  and  7in- 
incorporated  places,  it  appears  that  nnder  the  heads  senate,  gov- 
ernor and  council,  inaiiy  articles  are  approved  by  two  thirds  of  the 
voters  ;  and  many  are  not  approved,  by  reason  whereof  said  amefid- 
vients  are  rendered  inconsistant,  and  contradictory :  And  the  con- 
vention not  havi?ig  the  power  to  reject  what  has  been  approved  by 
the  people  as  aforesaid. 

Therefore  resolved.  That  articles  be 
again  sent  out  to  be  laid  before  the  several  towns  and  unincorporated 
places,  on  the  twenty-seventh  day  of  August  next,  that  the  whole  may 
be  approved  or  rejected ;  and  that  return  thereof  be  made  to  the  con- 
vention on  the  ffth  day  of  Septeinber  next.  And  that  the  articles 
which  have  been  already  approved  by  more  than  two  thirds  of  the 
voters,  and  not  inconsistant  or  contradictory,  be  printed,  that  it  may  be 
known  what  articles  have  been  ratitied  by  the  people. 


JOURNAL    OF    CONVENTION.  153 

And  whereas,  if  the  articles  now  sent  out  are  not  approved  by  two 
thirds  of  the  qualified  voters,  the  last  clause  in  the  exclusion  bill,  which 
is  in  the  following  words,  "No  member  of  the  council  shall  have  a 
seat  in  the  senate  or  house  of  representatives,"  will  be  repugnant  to 
other  parts  of  the  constitution — Thei-efore  7'esolved,  That  an  article  be 
sent  out  for  expunging  said  clause. 

ARTICLE. 

"  No  MEMBER  of  the  council  shall  have  a  seat  in  the  senate  or  house 
of  representatives''  shall  be  expunged. 

SENATE. 

The  senate  shall  consist  of  twelve  members,  who  shall  hold  their 
office  for  one  year  from  the  first  Wednesday  of  June  next  ensuing 
their  election. 

And  that  the  State  may  be  equally  represented  in  the  senate,  the  leg- 
islature shall,  from  time  to  time,  divide  the  state  into  twelve  districts, 
as  nearly  equal  as  may  be  without  dividing  towns  and  unincorporated 
places  ;  and  in  making  this  division,  they  shall  govern  themselves  by 
the  proportion  of  direct  taxes  paid  by  the  said  districts,  and  timely  make 
known  to  the  inhabitants  of  the  state  the  limits  of  each  district. 

The  freeholders  and  other  inhabitants  of  each  district,  qualified  as  in 
this  constitution  is  provided,  shall  annually  give  in  their  votes  for  a 
senator,  at  some  meeting  holden  in  the  month  of  March. 

The  senate  shall  be  the  first  branch  of  the  legislature  ;  and  the  sen- 
ators shall  be  chosen  in  the  following  manner,  viz.  Every  male  inhabi- 
tant of  each  town,  and  parish  with  town  privileges,  and  places  unin- 
corporated, in  this  state,  of  twenty-one  years  of  age  and  upwards,  ex- 
cepting paupers,  and  persons  excused  from  paying  taxes  at  their  own 
request,  shall  have  a  right,  at  the  annual  or  other  meetings  of  the  in- 
habitants of  said  tow^ns  and  parishes,  to  be  duly  warned  and  holden  an- 
nually forever  in  the  month  of  March,  to  vote  in  the  town  or  parish 
wherein  he  dwells,  for  the  senator  in  the  district  whereof  he  is  a  mem- 
ber. 

Provided  nevertheless.  That  no  person  shall  be  capable  of  being 
elected  a  senator,  who  is  not  of  the  Protestant  religion,  and  seized  of  a 
freehold  estate,  in  his  own  right,  of  the  value  of  two  hundred  pounds, 
lying  within  this  state,  who  is  not  of  the  age  of  thirty  years,  and  who 
shall  not  have  been  an  inhabitant  of  this  state  for  seven  years  imme- 
diately preceding  his  election,  and  at  the  time  thereof  he  shall  be  an 
inhabitant  of  the  district  for  which  he  shall  be  chosen. 

And  every  person,  qualified  as  the  constitution  provides,  shall  be 
considered  an  inhabitant  for  the  purpose  of  electing  and  being  elected 
into  any  office  or  place  within  this  state,  in  the  town,  parish,  and  plan- 
tation, where  he  dwelleth  and  hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorporated,  quali- 
fied as  this  constitution  provides,  who  are  or  shall  be  required  to  assess 
taxes  upon  themselves  towards  the  support  of  government,  or  shall  be 
taxed  therefor,  shall  have  the  same  privilege  of  voting  for  senators,  in 
the  plantations  and  places  wherein  they  reside,  as  the  inhabitants  of 
the  respective  towns  and  parishes  aforesaid  have.  And  the  meetings  of 
such  plantations  and  places  for  that  purpose,  shall  be  holden  annually 


154  STATE    OF    NEW    HAMPSHIRE. 

in  the  month  of  March,  at  such  places  respectively  therein  as  the  asses- 
sors thereof  shall  direct ;  which  assessors  shall  have  like  authority  for 
notifying  the  electors,  collecting  and  returning  the  votes,  as  the  select- 
men and  town  clerks  have  in  their  several  towns  by  this  constitution. 

The  meetings  for  the  choice  of  governor,  council,  and  senators, 
shall  be  warned  by  warrant  from  the  selectmen,  and  governed  by  a 
moderator,  who  shall,  in  the  presence  of  the  selectmen,  (whose  duty 
it  shall  be  to  attend)  in  open  meeting,  receive  the  votes  of  all  the 
inhabitants  of  such  towns  and  parishes  present,  and  qualified  to  vote 
for  senators  ;  and  shall,  in  said  meetings,  in  presence  of  the  said  se- 
lectmen, and  of  the  town  clerk,  in  said  meeting,  sort  and  count  the 
said  votes,  and  make  a  public  declaration  thereof,  with  the  name  of 
every  person  voted  for,  and  the  number  of  votes  for  each  person ;  And 
the  town  clerk  shall  make  a  fair  record  of  the  same  at  large,  in  the 
town  book,  and  shall  make  out  a  fair  attested  copy  thereof,  to  be  by 
him  sealed  up  and  directed  to  the  secretary  of  the  state,  with  a  super- 
scription expressing  the  purport  thereof:  And  the  said  town  clerk 
shall  cause  such  attested  copy  to  be  delivered  to  the  sheriff  of  the 
county  in  which  such  town  or  parish  shall  lie,  thirty  days  at  least  before 
the  first  Wednesday  of  June ;  or  to  the  secretary  of  the  state  at  least 
twenty  days  before  the  said  first  Wednesday  of  June  :  And  the  sheriff 
of  each  county,  or  his  deputy,  shall  deliver  all  such  certificates  by  him 
received,  into  the  secretary's  office,  at  least  twenty  days  before  the  first 
Wednesday  of  June. 

And  that  there  maybe  a  due  meeting  of  senators  on  the  first  Wednes- 
day of  June  annually,  the  governor,  and  a  majority  of  the  council  for 
the  time  being,  shall,  as  soon  as  may  be,  examine  the  returned  copies 
of  such  records,  and  fourteen  days  before  the  first  Wednesday  of  June, 
he  shall  issue  his  summons  to  such  persons  as  appear  to  be  chosen  sena- 
tors, by  a  majority  of  votes,  to  attend  and  take  their  seats  on  that  day. 

Provided  nevertheless.  That  for  the  first  year  the  said  returned  copies 
shall  be  examined  by  the  president,  and  a  majority  of  the  council  then 
in  office  ;  and  the  said  president  shall,  in  like  manner,  notify  the  per- 
sons elected,  to  attend  and  take  their  seats  accordingly. 

And  in  case  there  shall  not  appear  to  be  a  senator  elected,  by  a  ma- 
jority of  votes,  for  any  district,  the  deficiency  shall  be  supplied  in  the 
following  manner,  viz.  The  members  of  the  house  of  representatives, 
and  such  senators  as  shall  be  declared  elected,  shall  take  the  names  of 
the  two  persons  having  the  highest  number  of  votes  in  the  district,  and 
out  of  them  shall  elect,  by  joint  ballot,  the  senator  wanted  for  such 
district ;  and  in  this  manner  all  such  vacancies  shall  be  filled  up,  in 
every  district  of  the  state  ;  and  in  like  manner  all  vacancies  in  the  sen- 
ate, arising  by  death,  removal  out  of  the  state,  or  otherwise,  shall  be 
supplied,  as  soon  as  may  be  after  such  vacancies  happen. 

The  senate  shall  be  final  judges  of  the  elections,  returns,  and  qual- 
ifications, of  their  own  members,  as  pointed  out  in  this  constitution. 

The  senate  shall  have  power  to  adjourn  themselves,  provided  such 
adjournment  do  not  exceed  two  days  at  a  time. 

Provided  nevertheless.  That  whenever  they  shall  sit  on  the  trial  of 
any  impeachment,  they  may  adjourn  to  such  time  and  place  as  they 
may  think  proper,  although  the  legislature  be  not  assembled  on  such 
day,  or  at  such  place. 

The  senate  shall  appoint  their  president,  and  other  officers,  and  de- 
termine their  own  rules  of  proceedings  :  And  not  less  than  seven  mem- 


JOURNAL    OF    CONVENTION.  1 55 

bers  of  the  senate  shall  make  a  quorum  for  doing  business ;  and  when 
less  than  eight  senators  shall  be  present,  the  assent  of  five,  at  least, 
shall  be  necessary,  to  render  their  acts  and  proceedings  valid. 

The  senate  shall  be  a  court,  with  full  power  and  authority  to  hear, 
try,  and  determine,  all  impeachments  made  by  the  house  of  represen- 
tatives against  any  officer  or  officers  of  the  state,  for  bribery,  corrup- 
tion, mal-practice,  or  mal-administration,  in  office  ;  with  full  power  to 
issue  summons,  or  compulsory  process,  for  convening  witnesses  before 
them  :  But  previous  to  the  trial  of  any  such  impeachment,  the  members 
of  the  senate  shall  respectively  be  sworn  truly  and  impartiall}-  to  try 
and  determine  the  charge  in  question,  according  to  evidence.  And 
every  officer,  impeached  for  bribery,  corruption,  mal-practice,  or  mal- 
administration, in  office,  shall  be  served  with  an  attested  copy  of  the 
impeachment,  and  order  of  senate  thereon,  with  such  citation  as  the 
senate  may  direct,  setting  forth  the  time  and  place  of  their  setting  to  try 
the  impeachment ;  which  service  shall  be  made  by  the  sheriff,  or  such 
other  sworn  officer  as  the  senate  may  appoint,  at  least  fourteen  days 
previous  to  the  time  of  trial ;  and  such  citation  being  duly  served  and 
returned,  the  senate  may  proceed  in  the  hearing  of  the  impeachment, 
giving  the  person  impeached,  if  he  shall  appear,  full  liberty  of  pro- 
ducing witnesses  and  proofs,  and  of  making  his  defence,  by  himself 
and  counsel,  &  may  also,  upon  his  refusing  or  neglecting  to  appear 
hear  the  proofs  in  support  of  the  impeachment,  and  render  judgment 
thereon,  his  non-appearance  notwithstanding;  and  such  judgment  shall 
have  the  same  force  and  effect  as  if  the  person  impeached  had  appeared 
and  pleaded  in  the  trial.  Their  judgment,  however,  shall  not  extend 
further  than  removal  from  office,  disqualification  to  hold  or  enjoy  any 
place  of  honor,  trust,  or  profit,  under  this  state  ;  but  the  party,  so  con- 
victed, shall  nevertheless  be  liable  to  indictment,  trial,  judgment,  and 
punishment,  according  to  the  laws  of  the  land. 

Whenever  the  Governor  shall  be  impeached,  the  chief  justice  of  the 
supreme  judicial  court  shall,  during  the  trial,  preside  in  the  senate, 
but  have  no  vote  therein. 


EXECUTIVE  POWER. 


GOVERNOR. 


THERE  shall  be  a  Supreme  Executive  Magistrate,  who  shall  be 
styled  the  Governor  of  the  State  of  New  Hampshire,  and  whose  title 
shall  be  His  Excellency. 

The  Governor  shall  be  chosen  annually,  in  the  month  of  March  ; 
and  the  votes  for  Governor  shall  be  received,  sorted,  counted,  certified 
and  returned,  in  the  same  manner  as  the  votes  for  senators;  and  the 
secretary  shall  lay  the  same  before  the  senate  and  house  of  repre- 
sentatives, on  the  first  Wednesday  of  June,  to  be  by  them  examined,  & 
in  case  of  an  election  by  a  majority  of  votes  thro'  the  state,  the  choice 
shall  be  by  them  declared  and  published. 

And  the  qualifications  of  electors  of  the  governor  shall  be  the  same 
as  those  for  senators  ;  and  if  no  person  shall  have  a  majority  of  votes, 
the  senate  and  house  of  representatives  shall,  by  joint  'ballot,  elect 
one  of  the  two  persons  having  the  highest  number  of  votes,  who  shall 
be  declared  governor. 


156 


STATE   OF   NEW   HAMPSHIRE. 


And  no  person  shall  be  eligible  to  this  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  state  for  seven 
years  next  preceding,  and  unless  he  shall  be  of  the  age  of  thirty  years, 
and  unless  he  shall,  at  the  same  time  have  an  estate  of  the  value  of 
five  hundred  pounds,  one  half  of  which  shall  consist  of  a  freehold,  in 
his  own  right,  within  this  state,  and  unless  he  shall  be  of  the  protestant 
religion. 

In  cases  of  disagreement  between  the  two  houses,  with  regard  to  the 
time  or  place  of  adjournment  or  prorogation,  the  governor,  with  advice  of 
council,  shall  have  a  right  to  adjourn  or  prorogue  the  general  court,  not 
exceeding  ninety  days  at  any  one  time,  as  he  may  determine  the  public 
good  may  require,  and  he  shall  dissolve  the  same  seven  days  before 
the  said  first  Wednesday  of  June. 

And,  in  case  of  any  infectious  distemper  prevailing  in  the  place  where 
the  said  court  at  any  time  is  to  convene,  or  any  other  cause,  whereby 
dangers  may  arise  to  the  health  or  lives  of  the  members  from  their  at- 
tendance, the  governor  may  direct  the  session  to  be  holden  at  some 
other  the  most  convenient  place  within  the  state. 

Every  bill  which  shall  have  passed  both  houses  of  the  general  court, 
shall,  before  it  become  a  law,  be  presented  to  the  governor,  if  he  ap- 
prove, he  shall  sign  it,  but  if  not,  he  shall  return  it,  with  his  objections, 
to  that  house  in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider  it ;  if,  after 
such  reconsideration,  two  thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  such  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such 
cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons,  voting  for  or  against  the  bill,  shall  be  en- 
tered on  the  journal  of  each  house  respectively.  If  any  bill  shall  not 
be  returned  by  the  governor,  within  five  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like 
manner  as  if  he  had  signed  it,  unless  the  legislature,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Every  resolve  shall  be  presented  to  the  governor,  and,  before  the 
same  shall  take  effect,  shall  be  approved  by  him,  or  being  disapproved 
by  him,  shall  be  repassed  by  the  senate  and  house  of  representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

All  judicial  officers,  the  attorney-general,  solicitors,  all  sheriffs,  coro- 
ners, registers  of  probate,  and  all  officers  of  the  navy,  and  general  and 
field  officers  of  the  militia,  shall  be  nominated  and  appointed  by  the 
governor  and  council ;  and  every  such  nomination  shall  be  made  at 
least  three  days  prior  to  such  appointment ;  and  no  appointment  shall 
take  place,  unless  a  majority  of  the  council  agree  thereto.  The  gov- 
ernor and  council  shall  have  a  negative  on  each  other,  both  in  the 
nominations  and  appointments.  Every  nomination  and  appointment 
shall  be  signed  by  the  governor  and  council,  and  every  negative  shall 
be  also  signed  by  the  governor  or  council  who  made  the  same. 

The  captains  and  subalterns,  in  the  respective  regiments,  shall  be 
nominated  and  recommended  by  the  field  officers  to  the  governor  who 
is  to  issue  their  commissions  immediately  on  receipt  of  such  recom- 
mendation. 

WiiExXEVER  the  chair  of  the  Governor  shall  become  vacant,  by  reason 
of  his  death,  absence  from  the  state,  or  otherwise,  the  president  of 


JOURNAL    OF    CONVENTION.  15/ 

the  senate  shall  during  such  vacancy,  have  and  exercise  all  the  powers 
and  authorities  which,  by  this  constitution  the  governor  is  vested 
with,  when  personally  present ;  but  when  the  president  of  the  senate 
shall  exercise  the  office  of  governor,  he  shall  not  hold  his  office  in  the 
senate. 

The  governor,  with  advice  of  council,  shall  have  full  power  and 
authority,  in  the  recess  of  the  general  court,  to  prorogue  the  same 
from  time  to  time,  not  exceeding  ninety  days,  in  any  one  recess  of 
said  court ;  and  during  the  session  of  said  court,  to  adjourn  or  pro- 
rogue it  to  any  time  the  two  houses  may  desire,  and  to  call  it  together 
sooner  than  the  time  to  which  it  may  be  adjourned,  or  prorogued,  if 
the  welfare  of  the  state  should  require  the  same. 

The  governor  of  this  state  for  the  time  being  shall  be  commander  in 
chief  of  the  army  and  navy,  and  all  the  military  forces  of  the  state,  by 
sea  and  land  ;  and  shall  have  full  power  by  himself,  or  by  any  chief  com- 
mander, or  other  officer,  or  officers,  from  time  to  time,  to  train,  instruct, 
exercise  and  govern  the  militia  and  navy ;  and  for  the  special  defence 
and  safety  of  this  state,  to  assemble  in  martial  array,  and  put  in  warlike 
posture,  {he  inhabitants  thereof,  and  to  lead  and  conduct  them,  and 
with  them  to  encounter,  repulse,  repel,  resist  and  pursue  by  force  of 
arms,  as  well  by  sea  as  by  land,  within  and  without  the  limits  of  this 
state ;  and  also  to  kill,  slay,  destroy,  if  necessary,  and  conquer  by  all 
fitting  ways,  enterprize  and  means,  all  and  every  such  person  and  per- 
sons as  shall,  at  any  time  hereafter,  in  a  hostile  manner,  attempt  or  en- 
terprize the  destruction,  invasion,  detriment  or  annoyance  of  this  state  ; 
and  to  use  and  exercise  over  the  army  and  na\'y,  and  over  the  militia  in 
actual  service,  the  law  martial  in  time  of  war,  invasion,  and  also  in  re- 
bellion, declared  by  the  legislature  to  exist,  as  occasion  shall  necessa- 
rily require  :  And  surprize,  by  all  ways  and  means  whatsoever,  all  and 
every  such  person  or  persons,  with  their  ships,  arms,  ammunition,  and 
other  goods,  as  shall  in  a  hostile  manner  invade,  or  attempt  the  invad- 
ing, conquering  or  annoying  this  state ;  and  in  fine,  the  governor 
hereby  is  entrusted  with  all  other  powers  incident  to  the  office  of  cap- 
tain-general and  commander  in  chief,  and  admiral,  to  be  exercised 
agreeably  to  the  rules  and  regulations  of  the  constitution,  and  the  laws 
of  the  land  :  Provided,  that  the  Governor  shall  not,  at  any  time  hereaf- 
ter, by  virtue  of  any  power  by  this  constitution  granted,  or  hereafter  to 
be  granted  to  him  by  the  legislature,  transport  any  of  the  inhabitants 
of  this  state,  or  oblige  them  to  march  out  of  the  limits  of  the  same, 
without  their  free  and  voluntary  consent,  or  the  consent  of  the  general 
court,  nor  grant  commissions  for  exercising  the  law  martial  in  any  case, 
without  the  advice  and  consent  of  the  council. 

The  power  of  pardoning  offences,  except  such  as  persons  may  be  con- 
victed of  before  the  senate,  by  impeachment  of  the  house,  shall  be  in 
the  Governor,  by  and  with  the  advice  of  the  council :  But  no  charter 
of  pardon  granted  by  the  Governor,  with  advice  of  council,  before  con- 
viction, shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  or  particular  expressions  contained  therein,  descriptive  of  the 
olTence  or  oflfences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia  shall  be  re- 
moved from  his  office,  but  by  the  address  of  both  houses  to  the  Gov- 
ernor, or  by  fair  trial  in  court-martial,  pursuant  to  the  laws  of  the  State 
for  the  time  beins:. 


158 


STATE    OF    NEW    HAMPSHIRE. 


The  commanding  officers  of  the  regiments  shall  appoint  their  Adju- 
tants and  Quarter-masters ;  the  Brigadiers,  their  Brigade-Majors  ;  the 
Major  Generals,  their  Aids ;  the  Captains  and  Subalterns,  their  non- 
commissioned officers. 

The  Governor  and  council  shall  appoint  all  officers  of  the  continental 
army,  whom,  by  the  confederation  of  the  United  States,  it  is  provided 
that  this  State  shall  appoint ;  as  also  all  officers  of  forts  and  garrisons. 

The  division  of  the  militia  into  brigades,  regiments,  and  companies, 
made  in  pursuance  of  the  militia  laws  now  in  force,  shall  be  considered 
as  the  proper  division  of  the  militia  of  this  state,  until  the  same  shall 
be  altered  by  some  future  law. 

No  monies  shall  be  issued  out  of  the  treasury  of  this  state,  and  dis- 
posed of,  (except  such  sums  as  may  be  appropriated  for  the  redemption 
of  bills  of  credit,  or  Treasurer's  notes,  or  for  the  payment  of  interest 
arising  thereon)  but  by  warrant  under  the  hand  of  the  Governor  for 
the  time  being,  by  and  with  the  advice  and  consent  of  the  council,  for 
the  necessary  support  and  defence  of  this  state,  and  for  the  necessary 
protection  and  preservation  of  the  inhabitants  thereof,  agreeably  to  the 
acts  and  resolves  of  the  General  Court. 

All  public  boards,  the  commissary-general,  all  superintending  officers 
of  public  magazines  and  stores,  belonging  to  this  state,  and  all  com- 
manding officers  of  forts  and  garrisons  within  the  same,  shall,  once  in 
every  three  months,  officially,  and  without  requisition,  and  at  other 
times  when  required  by  the  Governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon,  with  their  appendages 
and  all  small  arms,  with  their  accoutrements,  and  of  all  other  public 
property  under  their  care  respectively ;  distinguishing  the  quantity 
and  kind  of  each,  as  particularly  as  may  be ;  together  with  the  con- 
dition of  such  forts  and  garrisons :  and  the  commanding  officer  shall 
exhibit  to  the  governor,  when  required  by  him  true  and  exact  plans  of 
such  forts,  and  of  the  land  and  sea,  or  harbor  or  harbors  adjacent. 

The  Governor  and  council  shall  be  compensated  for  their  services, 
from  time  to  time,  by  such  grants  as  the  general  court  shall  think 
reasonable. 

Permanent  and  honorable  salaries  shall  be  established  by  law,  for 
the  Justices  of  the  Superior  Court. 


COUNCIL. 


THERE  shall  be  annually  elected,  by  ballot,  five  councillors,  for  ad- 
vising the  governor  in  the  executive  part  of  government.  The  free- 
holders and  other  inhabitants  in  each  county,  qualified  to  vote  for  sen- 
ators, shall  some  time  in  the  month  of  March,  give  in  their  votes  for 
one  councillor ;  which  votes  shall  be  received,  sorted,  counted,  certi- 
fied, and  returned  to  the  secretary's  office,  in  the  same  manner  as  the 
votes  for  senators,  to  be  by  the  secretary  laid  before  the  senate  and 
house  of  representatives  on  the  first  Wednesday  of  June. 

And  the  person  having  a  majority  of  votes  in  any  county,  shall  be 
considered  as  duly  elected  a  councillor :  But  if  no  person  shall  have  a 
rnajority  of  votes  in  any  county,  the  senate  and  house  of  representa- 
tives shall  take  the  names  of  the  two  persons  who  have  the  highest  num- 
ber of  votes  in  each  county,  and  not  elected,  and  out  of  those  two  shall 


JOURNAL    OF    CONVENTION.  I5g 

elect  by  joint  ballot,  the  councillor  wanted  for  such  county,  and  the 
qualifications  for  councillors  shall  be  the  same  as  for  senators. 

If  any  person  thus  chosen  a  councillor,  shall  be  elected  governor,  or 
member  of  either  branch  of  the  legislature,  &  shall  accept  the  trust: 
or  if  any  person  elected  a  councillor,  shall  refuse  to  accept  the  office ; 
or  in  case  of  the  death,  resignation,  or  removal  of  any  councillor  out 
of  the  state  :  the  Governor  may  issue  a  precept  for  the  election  of  a 
new  councillor  in  that  county  where  such  vacancy  shall  happen  ;  and 
the  choice  shall  be  in  the  same  manner  as  before  directed :  And  the 
Governor  shall  have  full  power  and  authority  to  convene  the  council, 
from  time  to  time,  at  his  discretion ;  and,  with  them,  or  the  majority 
of  them,  may,  and  shall,  from  time  to  time,  hold  a  council,  for  order- 
ing and  directing  the  affairs  of  the  state,  according  to  the  laws  of  the 
land. 

The  members  of  the  council  may  be  impeached  by  the  house,  and 
tried  by  the  senate,  for  bribery,  corruption,  mal-practice,  or  mal-ad- 
ministration. 

The  resolutions  and  advice  of  the  council  shall  be  recorded  by  the 
secretary,  in  a  register,  and  signed  by  all  the  members  present  agree- 
ing thereto ;  and  this  record  may  be  called  for  at  any  time,  by  either 
house  of  the  legislature  ;  and  any  member  of  the  council  may  enter 
his  opinion  contrary  to  the  resolutions  of  the  majority,  with  the  reasons 
for  such  opinion. 

The  legislature  may,  if  the  public  good  shall  hereafter  require  it, 
divide  the  state  into  five  districts,  as  nearly  equal  as  ma}'  be,  govern- 
ing themselves  by  the  number  of  rateable  polls,  and  proportion  of  pub- 
lic taxes ;  each  district  to  elect  a  councillor :  And,  in  case  of  such 
division,  the  manner  of  the  choice  shall  be  comformable  to  the  present 
mode  of  election  in  counties. 

And  whereas  the  elections,  appointed  to  be  made  by  this  constitu- 
tion, on  the  first  Wednesday  of  June  annually,  by  the  two  houses  of 
the  legislature,  may  not  be  completed  on  that  day,  the  said  elections 
may  be  adjourned  from  day  to  day,  until  the  same  be  completed :  and 
the  order  of  the  elections  shall  be  as  follows — the  vacancies  in  the  sen- 
ate, if  any,  shall  be  first  filled  up :  The  governor  shall  then  be  elected, 
provided  there  shall  be  no  choice  of  him  by  the  people  :  And  after- 
wards, the  two  houses  shall  proceed  to  fill  up  the  vacancy,  if  any,  in 
the  council. 

When  the  foregoing  amendments  shall  become  a  part  of  the  consti- 
tution of  this  state  the  several  paragraphs  now  in  the  constitution,  es- 
tablished the  thirty  first  day  of  October  1783,  under  the  several  heads, 
Senate,  Executive  Power,  or  President ;  and  under  the  head  Council,  be 
considered  as  no  longer  in  force. 

In  convention,  voted,  that  the  amendments  now  to  be  sent  out,  be 
printed  with  the  following  certificate  at  the  end,  viz. 

/ 1 01071  clerk  of do  certify,  that  at  a  legal 

vieeting  duly  wariied  and  held  in  the  town  of zV/  the  county  of 

this day  of a)ino  doniini  1702,  for  tJie  purpose  of 

considering  the  foregoing  ainendnioits,  to  the  co/istitution  of  the  state  of 

New  Hampshire,  as  agreed  upon  ifi  conve7itio7i ;  that  there  were 

voters  prese7it  who  voted  for  the  ante7idnients,  a7id voters  pres- 

e7it  who  voted  agai7ist  the  a7nend}nc}its. 

Attest :  Town  Clerk. 


l60  STATE    OF    NEW    HAMPSHIRE. 

In  Convention  resolved,  that  the  following  articles  of  amendments 
being  approved  by  the  people,  are  so  unconnected  with  other  articles, 
that  there  is  no  necessity  for  again  submitting  them  to  the  people,  to 
be  voted  upon,  viz.  The  2.  3.  4.  6.  7.  9.  10.  26.  27.  28.  39.  49.  50.  51. 
52.  53.  58.  59.  60.  61.  62.  6^.  64.  65.  66.  67.  68.  69.  70.  71.  72.  but  that 
said  articles  be  printed,  that  the  people  may  be  informed  what  is  al- 
ready ratified. 

II. 

That  the  word  assembly,  be  expunged,  and  the  word  legislature  in- 
serted. 

III. 

That  the  words  "  ^/toss  of''  be  expunged,  and  the  word  "  t(ye  "  be 
expunged,  and  the  word  "  offences'^''  inserted. 

IV. 

Every  subject  hath  a  right  to  be  secure  from  all  unreasonable  searches 
and  seizures  of  his  person,  his  houses,  his  papers  and  all  his  possessions 
— therefore  all  warrants  to  search  suspected  places,  or  arrest  a  person 
for  examination,  or  trial  in  prosecutions  for  criminal  matters,  are  con- 
trary to  this  right  if  the  cause  or  foundation  of  them  be  not  previously 
supported  by  oath  or  affirmation,  and  if  the  order  in  a  warrant  to  a 
civil  officer  to  make  search  in  suspected  places,  or  to  arrest  one  or 
more  suspected  persons,  or  to  seize  their  property,  be  not  accompanied 
with  a  special  designation  of  the  persons  or  objects  of  search  or  seiz- 
ure ;  and  no  warrant  ought  to  be  issued  but  in  case,  and  with  the  form- 
alities prescribed  by  law. 

VI. 

The  legislature  shall  assemble  for  the  redress  of  public  grievances 
and  for  making  such  laws  as  the  public  good  may  require. 

VII. 

It  is  essential  to  the  preservation  of  the  rights  of  every  individual, 
his  life,  liberty,  property,  and  character,  that  there  be  an  impartial  inter- 
pretation of  the  laws  and  administration  of  justice.  It  is  the  right  of 
every  citizen  to  be  tried  by  judges  as  impartial  as  the  lot  of  humanity 
will  admit,  it  is  therefore  not  only  the  best  policy,  but  for  the  security 
of  the  rights  of  the  people,  that  the  judges  of  the  supreme  judicial 
court  should  hold  their  office  so  long  as  they  behave  well ;  subject  how- 
ever to  such  limitations  on  account  of  age  as  may  be  provided  by  the 
constitution  of  the  state,  and  that  they  should  have  honorable  salaries 
ascertained  and  established  by  standing  laws. 

IX. 

No  member  of  the  general  court  shall  take  fees,  be  of  council,  or 
act  as  advocate  in  any  cause  before  either  branch  of  the  legislature, 
and  upon  due  proof  thereof,  such  member  shall  forfeit  his  seat  in  the 
legislature. 

X. 

The  doors  of  the  galleries  of  each  house  of  the  legislature,  shall  be 
kept  open  to  all  persons  who  behave  decently,  except  when  the  welfare 
of  the  state  in  the  opinion  of  either  branch  shall  require  secrecy. 


JOURNAL   OF   CONVENTION.  l6l 


XXVI. 

The  members  of  both  houses  of  the  legislature  shall  be  compensated 
for  their  services  out  of  the  treasury  of  the  state,  by  a  law  made  for  that 
purpose,  such  members  attending  seasonably,  and  not  departing  with- 
out licence. 

All  intermediate  vacancies  in  the  house  of  representatives  may  be 
filled  up  from  time  to  time,  as  the  annual  elections  are  made. 

XXVII. 

The  house  of  representatives  shall  be  judge  of  the  returns,  elections, 
and  qualifications  of  its  members  ;  as  pointed  out  in  this  constitution. 

XXVIII. 

The  journals  of  the  proceedings,  and  all  public  acts  of  both  houses  of 
the  legislature  shall  be  printed  and  published  immediately  after  every 
adjournment  or  prorogation :  And  upon  motion  made  by  any  one  mem- 
ber the  yeas  and  nays  upon  any  question  shall  be  entered  on  the 
journals ;  and  any  member  of  the  senate  or  house  of  representatives 
shall  have  a  right  on  motion  made  at  the  time  for  that  purpose  to  have 
his  protest  or  dissent  with  the  reasons  against  any  vote,  resolve  or  bill 
passed,  entered  on  the  journals. 

XXXIX. 

The  several  paragraphs  under  the  head  President  in  the  constitution 
shall  be  altered  by  expunging  the  word  President,  and  inserting  the 
word  Governor  in  lieu  thereof. 

XLIX. 

The  Secretary  of  the  State  shall  at  all  times  have  a  deputy  to  be  by 
him  appointed,  for  whose  conduct  in  office  he  shall  be  responsible,  and 
in  case  of  death,  removal  or  inability  of  the  Secretary,  his  deputy  shall 
exercise  all  the  duties  of  the  office  of  Secretary  of  this  state,  until  an- 
other shall  be  appointed. 

L. 

The  Secretary  before  he  enters  upon  the  business  of  his  office,  shall 
give  bond  with  sufficient  sureties  in  a  reasonable  sum,  for  the  use  of 
the  state,  for  the  punctual  performance  of  his  trust. 

LI. 

The  county  treasurer  and  register  of  deeds  shall  be  elected  by  the 
inhabitants  of  the  several  towns  in  the  several  counties  in  the  state,  ac- 
cording to  the  method  now  practiced,  and  the  laws  of  the  state :  pro- 
vided nevertheless,  the  legislature  shall  have  authority  to  alter  the  man- 
ner of  certifying  the  votes  &  the  mode  of  electing  those  officers,  but  not 
so  as  to  deprive  the  people  of  the  right  they  now  have  of  electing  them. 

LII. 

And  the  legislature,  on  the  application  of  the  major  part  of  the  in- 
habitants of  any  county,  shall  have  authority  to  divide  the  same  into 
two  districts  for  registering  deeds  if  to  them  it  shall  appear  necessary, 
each  district  to  elect  a  register  of  deeds. 

11 


1 62  STATE    OF   NEW   HAMPSHIRE. 


LIII. 

The  county  treasurer  and  register  of  deeds  before  they  enter  upon  the 
business  of  their  offices  shall  be  respectively  sworn  faithfully  to  dis- 
charge the  duties  thereof,  and  severally  give  bond  with  sufficient  sure- 
ties in  a  reasonable  sum  for  the  use  of  the  county  or  district,  for  the 
punctual  performance  of  their  respective  trusts. 

LVIII. 

The  general  court  are  impowered  to  give  to  justices  of  the  peace  ju- 
risdiction in  civil  causes  where  the  damages  demanded  shall  not  exceed 
four  pounds,  and  title  of  real  estate  is  not  concerned,  but  with  right  of 
appeal  to  either  party  to  some  other  court,  so  that  a  trial  by  jury  in  the 
last  resort  may  be  had. 

LIX. 

No  PERSON  shall  hold  the  office  of  judge  of  any  court,  or  judge  of  pro- 
bate, or  sheriff  of  any  county  after  he  has  attained  the  age  of  seventy 
years. 

LX. 

No  JUDGE  of  any  court,  or  justice  of  the  peace  shall  act  as  attorney, 
or  be  of  counsel  to  any  party,  or  originate  any  civil  suit  in  matters  which 
shall  come  or  be  brought  before  him  as  a  judge  or  justice  of  the  peace. 

LXI. 

All  matters  relating  to  the  probate  of  wills,  and  granting  of  letters 
of  administration  shall  be  exercised  by  the  judges  of  probate  in  such 
manner  as  the  legislature  have  directed,  or  may  hereafter  direct.  And 
the  judges  of  probate  shall  hold  their  courts  at  such  place  or  places  on 
such  fixed  days  as  the  conveniency  of  the  people  may  requu-e,  and  the 
legislature  from  time  to  time  appoint. 

LXII. 

No  JUDGE  or  register  of  probate  shall  be  of  counsel,  act  as  advocate, 
or  receive  any  fees  as  advocate  or  counsel  in  any  probate  business  which 
is  pending  or  maybe  brought  into  any  court  of  probate  in  the  county  of 
which  he  is  judge  or  register. 

LXIII. 
That  the  paragraphs  under  the  head  of  clerks  of  courts,  in  the  con- 
stitution, be  expunged,  and  the  following  substituted. 

LXIV. 

The  judges  of  the  courts,  those  of  the  probate  excepted,  shall  ap- 
point their  respective  clerks,  to  hold  their  office  during  pleasure,  and 
no  such  clerk  shall  act  as  an  attorney  or  be  of  counsel  in  any  cause  in 
the  court  of  which  he  is  clerk,  nor  shall  he  draw  any  writ  originating  a 
civil  action. 

LXV. 

That  the  paragraphs  in  the  constitution  under  the  head  Delegates  to 
Congress  be  expunged. 


JOURNAL   OF    CONVENTION.  1 63 

LXVI. 

The  oath  of  allegiance  in  the  constitution  shall  be  expunged  and  the 
following  substituted  in  lieu  thereof,  viz. 

I  A.  B.  do  solemnly  swear,  that  I  will  bear  faith  and  true  allegiance 
to  the  State  of  New  Hampshire,  and  will  support  the  constitution 
thereof.     So  help  me  God. 

LXVII. 

Any  person  having  taken  and  subscribed  the  oath  of  allegiance  shall 
not  be  obliged  to  take  said  oath  again. 

LXVIII. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscribed  by  the 
Governor  before  the  President  of  the  senate  in  presence  of  both  houses 
of  the  legislature,  and  by  the  senators  and  representatives  first  elected 
under  this  constitution  as  amended  and  altered,  before  the  President  of 
the  state,  and  a  majority  of  the  council  then  in  office,  and  forever 
afterwards  before  the  Governor  and  council  for  the  time  being,  and  by 
all  other  officers,  before  such  persons,  and  in  such  manner  as  the  legis- 
lature shall  from  time  to  time  appoint. 

LXIX. 

That  the  fifteenth  paragraph  in  the  constitution,  under  the  head 
Oaths,  Subscriptions,  &c.  be  expunged  and  the  following  substituted  in 
lieu  thereof. 

LXX. 

No  person  holding  the  office  of  judge  of  any  court  (except  special 
judges)  Secretary,  Treasurer  of  the  state,  attorney  general,  commissary 
general,  military  officers,  receiving  pay  from  the  Continent  or  this  state 
excepting  officers  of  the  militia,  occasionally  called  forth  on  an  emer- 
gency. Register  of  deeds,  sheriff  or  officer  of  the  customs,  including 
naval  officers.  Collectors  of  excise,  and  state  and  continental  taxes  here- 
after appointed  and  not  having  settled  their  accounts  with  the  respec- 
tive officers  with  whom  it  is  their  duty  to  settle  such  accounts,  members 
of  Congress,  or  any  person  holding  an  office  under  the  United  States, 
shall  at  the  same  time  hold  the  office  of  Governor,  or  have  a  seat  in 
the  senate  or  house  of  representatives  or  council,  but  his  being  chosen 
and  appointed  to  and  accepting  the  same  shall  operate  as  a  resignation 
of  his  seat  in  the  chair,  senate,  or  house  of  representatives  or  council, 
and  the  place  so  vacated  shall  be  filled  up.  No  member  of  the  council 
shall  have  a  seat  in  the  senate  or  of  house  of  representatives. 

LXXI. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  danger  to  the 
state  by  the  alterations  and  amendments  made  in  the  constitution,  the 
general  court  is  hereby  fully  authorized  and  directed  to  fix  the  time 
when  the  amendments  and  alterations  shall  take  effect ;  and  make  the 
necessary  arrangements  accordingly. 

That  the  last  paragraph  in  the  constitution  be  expunged,  and  the 
following  substituted  in  lieu  thereof,  viz. 


164  STATE    OF    NEW   HAMPSHIRE. 

LXXII. 

It  shall  be  the  duty  of  the  selectmen  and  assessors  of  the  several 
towns  and  places  in  this  state,  in  warning  the  first  annual  meeting  for 
the  choice  of  senators,  after  the  expiration  of  seven  years  from  the  adop- 
tion of  this  constitution,  as  amended  to  insert  expressly  in  the  warrant, 
this  purpose  among  the  others,  for  the  meeting,  to  wit :  to  take  the  sense 
of  the  qualified  voters  on  the  subject  of  a  revision  of  the  constitution. 
And  the  meeting  being  warned  accordingly  and  not  otherwise,  the  mod- 
erator shall  take  the  sense  of  the  qualified  voters  present,  as  to  the  ne- 
cessity of  a  revision,  and  a  return  of  the  number  of  votes  for,  and 
against  such  necessity,  shall  be  made  by  the  clerk,  sealed  up  and  direct- 
ed to  the  general  court  at  their  then  next  session.  And  if  it  shall 
appear  to  the  general  court  by  such  returns,  that  the  sense  of  the  people 
of  the  state  has  been  taken  and  that  in  the  opinion  of  the  majority  of 
the  qualified  voters,  in  the  state  present,  and  voting  at  said  meetings, 
there  is  a  necessity  for  a  revision  of  the  constitution ;  it  shall  be  the 
duty  of  the  general  court  to  call  a  convention  for  that  purpose,  other- 
wise the  general  court  shall  direct  the  sense  of  the  people  to  be  taken, 
and  then  proceed  in  the  manner  before  mentioned. 

The  delegates  to  be  chosen  in  the  same  manner,  and  proportioned 
as  the  representatives  to  the  general  court ;  provided,  that  no  altera- 
tions shall  be  made  in  this  constitution,  before  the  same  shall  be  laid 
before  the  towns  and  unincorporated  places ;  and  approved  by  two 
thirds  of  the  qualified  voters  present,  and  voting  on  the  subject, — And 
the  same  method  of  taking  the  sense  of  the  people,  as  to  the  revision 
of  the  constitution,  and  calling  a  convention  for  that  purpose  ;  shall  be 
observed  aftervvards  at  the  expiration  of  every  seven  years. 

SAMUEL  LIVERMORE,  President. 

Attest :  JOHN  CALFE,  Secretary. 


[p.  168.]  Wednesday,  Sept^  5^^  1792. 

Convention  met  according  to  adjournment. 

Voted,  That  Mr.  Newcomb,  Mr.  Plummer  and  Mr.  Foster 
be  a  Committee  to  examine  the  returns  from  the  several 
Towns  and  places  in  this  State,  and  make  report  thereon. 

Adjourned  to  9  o'clock  to-morrow  morning. 

Thursday,  Sept^  6*^  1792. 
Convention  met  according  to  adjournment. 

The  Committee  appointed  to  examine  the  returns  from 
the  several  Towns  and  places  in  the  State,  of  the  votes  for 
and  against  the  amendments  to  the  Constitution,  Report, 

That  they  find  the  whole  number  of  votes  returned  to  be  three  thou- 
sand and  one  hundred — of  which,  two  thousand  one  hundred  and  twenty 
two  are  for  said  Amendments,  and  nine  hundred  and  seventy  eight 
against  them  ; — by  which  it  appears  that  said  Amendments  are  accepted 
by  more  than  two  thirds  of  the  voters  who  voted  thereon. 

Sign'd  Dan^  Newcomb, 

for  Committee. 

Which  report  was  read  &  considered,  rec*^^  and  accepted. 


JOURNAL    OF    CONVENTION. 


i6s 


[p.  169.]  The  returns  from  the  several  Towns  in  this  State 
for  and  against  the  proposed  amendments,  were  as  follows, 
(viz.) 

COUNTY  OF  ROCKINGHAM. 


Names  of  Towns. 


Allenstown, 

Atkinson, 

Bow, 

Brentwood, 

Candia, 

Canterbury, 

Chester, 

Chichester, 

Concord, 

Deerfield, 

East  Kingston, 

Epping, 

Epsom, 

Exeter, 

Greenland, 

Hampstead, 

Hampton, 

Hawke, 

Hampton-Falls, 

Kensington, 

Kingstown, 

Londonderry, 

Loudon, 


Votes 
for. 

Ags't. 

0 

7 

0 

33 

5 

0 

53 

0 

6 

27 

12 

64 

19 

9 

2 

98 

31 

0 

0 

59 

16 

0 

30 

4 

0 

25 

0 

10 

41 

0 

5 

0 

.50 

0 

38 

14 

Names  of  Towns. 


Newington, 

New  Market, 

New  Castle, 

Newtown, 

Northfield, 

North  Hampton, 

North  wood, 

Nottingham, 

Pelham, 

[p.  170.]  Pembroke, 

Plastow, 

Poplin, 

Portsmouth, 

Pittsfield, 

Raymond, 

Rye, 

Salem, 

Sandown, 

Seabrook, 

South  Hampton, 

Stratham, 

Windham, 


Votes 
for. 


12 


22 
18 

41 

O 

16 


o 

32 


o 

19 

9 

5 

II 


Ags't. 


O 

3 

o 

20 

2 


14 
O 


28 

2 
I 

13 


33 
o 


COUNTY  OF  STRAFFORD. 


Barnstead, 

Barrington, 

Conway, 

Dover, 

Durham, 

Eaton, 

Effingham, 

Gilmantown, 

Lee, 

Locations, 

S.  Stark, 

A.  Stark, 

Hugh  Sterling, 

Madbury, 

Merrideth, 


II 

2 

31 

0 

63 

0 

24 

43 

29 

0 

18 

2 

41 

0 

10 

I 

25 

I 

Middletown, 

[p.  171.]  Moultonboro', 

New  Durham, 

New  Durham  Gore, 

New  Hampton, 

Ossippee, 

Rochester, 

Sanbornton, 

Sandwich, 

Sommers  worth, 

Tam  worth, 

Tuftonborough, 

Wakefield, 

Wolfborough, 


16 
14 

0 
0 

9 

2 

14 
30 
21 

14 

0 

0 
I 

18 

0 

i66 


STATE    OF   NEW   HAMPSHIRE. 


COUNTY  OF  HILLSBOROUGH. 


Towns. 


Amherst, 

Andover, 

Antrim, 

Bedford, 

Boscawen, 

Bradford, 

Campbell's  Gore, 

Bearing, 

Derryfield, 

Dunbarton, 

Dunstable, 

Duxbury, 

Fishersfield, 

Francestown, 

Goffstown, 

Hancock, 

Hinnekar, 

Hillsborough, 

Holies, 

Hopkintown, 


For. 

Ags't. 

33 

O 

8 
34 

0 
0 

34 

o 

39 
II 

7 

7 

i6 

55 

0 

o 

2 

4 

5 
o 

o 

22 

Towns. 


[p. 172.]  Keasearge  Gore, 

Litchfield, 

Lyndeborough, 

Mason, 

Merrimac, 

New  Boston, 

New  Ipswich, 

New  London, 

Nottingham  West, 

Peterborough, 

Salisbury, 

Society  Land, 

Sutton, 

Temple, 

Warner, 

Weare, 

Wilton, 

Greenfield, 

Sharon, 

Raby, 


For. 


20 
31 
30 


26 

49 
I 

o 


10 

o 
o 


Ags  t. 


I 
28 
21 


61 

14 
I 
O 

30 

22 


Acworth, 

Alstead, 

Charlestown, 

Chesterfield, 

Claremont, 

Cornish, 

Croydon, 

Dublin, 

Fitz  William, 

Gilsom, 

Hinsdale, 

Jaffrey, 

[p.  173.]     Keene, 

Langdon, 

Lempster, 

Marlborough, 

Mario  w, 


Alexandria, 

Bath, 

Bridgewater, 

Cambridge, 

Campton, 


COUNTY  OF  CHESHIRE. 


New  Grantham, 

Newport, 

Packersfield, 

Plainfield, 

Protectworth, 

Richmond, 

Rindge, 

Stoddard, 

Surry, 

Sullivan, 

Swanzey, 

Unity, 

Walpole, 

Washington, 

Wendall, 

Westmoreland, 

Winchester, 

Goshen, 


19 

0 

21 

0 

15 

10 

20 

4 

35 

0 

12 

0 

22 

0 

0 

-hi 

4 

20 

90 

0 

16 

6 

0 

II 

26 

0 

COUNTY  OF  GRAFTON. 


Canaan, 

Cardigan  [crossed], 
Cockburne, 
Coleburne, 
20      Coventry, 


17 
17 


14 

0 

17 

I 

II 

0 

28 

0 

39 

0 

12 

3 

19 

0 

32 

2 

0 

7 

41 

0 

II 

19 

54 

0 

17 

0 

0 

19 

14 

0 

•  •  • . 

• .  •  • 

JOURNAL   OF   CONVENTION. 
COUNTY  OF  GRAFTON  (Continued). 


167 


Towns. 


Dalton, 

Dartmouth, 

[p.  174.]     Dorchester, 

Enfield, 

Franconia, 

Grafton, 

Gunthwait, 

Hanover, 

Haverhill, 

Lancaster, 

Landaff, 

Lebanon, 

Lincoln, 

Littleton, 

Lyman, 


For. 

Ags't. 

II 

3 

6 
0 
8 

0 
18 

I 

22 
54 

2 
0 

Towns. 


Lyme, 

New  Holderness, 

Northumberland, 

Orford, 

Piermont, 

Plymouth, 

Rumney, 

Shelburne, 

Thornton, 

Warren, 

Wentworth, 

Burton, 

Orange, 

New  Chester, 

[Total] 


For. 


21 
6 


II 

2>7 


10 


Ags't 


15 

2 


2122  978 


[p.  175.]  Voted  That  Mr.  Newcomb,  Mr.  Plummer  &  Mr. 
E.  S.  Livermore,  be  a  Committee  to  report  to  the  Conven- 
tion a  true  copy  of  the  Constitution  as  revised  and  agreed 
to  by  the  people. 

Adjourned  to  3  o'clock,  P.  M.     Met  accordingly. 

The  Committee  appointed  to  report  to  the  Convention  a 
true  copy  of  the  Constitution  as  revised  and  agreed  to  by 
the  people,  reported  the  following  [see  p.  169]  : 

[p.  239.]  Which  Report  [of  a  true  copy  of  the  Constitu- 
tion] being  read  and  considered,  was  received  and  accepted  ; 
— and  the  following  vote  passed. 

[p.  240.]  In  Convention  held  at  Concord  the  fifth  day  of 
September  Anno  Domini  1792,  The  returns  from  the  sever- 
al Towns  and  unincorporated  places  being  examined,  and  it 
appearing  that  the  foregoing  Bill  of  Rights  and  form  of  gov- 
ernment as  amended  by  the  Convention,  were  approved  by 
more  than  two  thirds  of  the  qualified  voters  present  in  town 
meetings  and  voting  upon  the  question ; — the  same  are  agreed 
071  and  established  by  the  Delegates  of  the  people  in  Conven- 
tion, and  declared  to  be  the  Civil  Cojistitntion  of  the  State  of 
New  Hampshire. 

[p.  241.]  Voted  That  Mr.  Walker  and  Mr.  E.  S.  Livermore 
be  a  Committee  to  procure  five  hundred  copies  of  the  Con- 
stitution to  be  printed,  and  that  each  member  of  the  Con- 


1 68  STATE   OF   NEW   HAMPSHIRE. 

vention  and  of  the  present  Legislature,  be  furnished  with  a 
copy,  and  that  one  copy  be  sent  to  each  town,  and  that  said 
Committee  procure  the  Constitution  to  be  enrolled  on  Parch- 
ment, to  be  signed  by  the  President  of  the  Convention  and 
Secretary,  and  transmitted  to  the  Secretary  of  the  State  to 
be  by  him  deposited  in  the  Secretary's  office. 

Voted,  That  the  Secretary  be  directed  to  certify  to  his 
Excellency  the  President  of  the  State,  the  number  of  days 
that  the  Rev.  Mr.  Evans  attended  the  Convention  as  chap- 
lain, and  inform  him  that  it  is  the  desire  of  Convention  that 
he  be  compensated  therefor  out  of  the  Treasury  of  this 
State. 

The  Convention  then  dissolved. 


THE  CONSTITUTION  OF 

New  Hampshire  as  agreed  and  amended  by  a  Conven- 
tion OF  Delegates  held  at  Concord  in  said  State, 

AND  APPROVED  BY  THE  PEOPLE,  AND  ESTABLISHED  BY 

THE  Convention  on  the  first  Wednesday  of  Sep- 
tember, 1792. 

PART  FIRST. 

BILL     OF    RIGHTS. 

Article  I.  j^ll  men  are  born  equally  free  and  inde- 
pendent ;  therefore  all  government  of  right  originates  from 
the  people,  is  founded  in  consent,  and  instituted  for  the  gen- 
eral good. 

II.  All  men  have  certain  natural,  essential  and  inherent 
rights — among  which  are  the  enjoying  and  defending  life 
and  liberty,  acquiring,  possessing  and  protecting  property  ; 
and  in  a  word,  of  seeking  and  obtaining  happiness. 

III.  When  men  enter  into  a  state  of  society,  they  surren- 
der up  some  of  their  natural  rights  to  that  society,  in  order 
to  ensure  the  protection  of  others  ;  and  without  such  an 
equivalent,  the  surrender  is  void. 

IV.  Among  the  natural  rights,  some  are  in  their  very  na- 
ture unalienable  ;  because  no  equivalent  can  be  given  or  re- 
ceived for  them  ;  of  this  kind  are  the  rights  of  co7iscience. 

V.  Every  individual  has  a  natural  and  unalienable  right 
to  worship  God  according  to  the  dictates  of  his  own  con- 
science and  reason  ;  and  no  subject  shall  be  hurt,  molested, 
or  restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience,  or  for  his  religious  profes- 
sion, sentiments,  or  persuasion  ;  provided  he  doth  not  dis- 
turb the  publick  peace,  or  disturb  others  in  their  religious 
worship. 


1^0  STATE    OF    NEW   HAMPSHIRE. 

VI.  As  morality  and  piety,  rightly  grounded  on  evangel- 
ical principles,  will  give  the  best  and  greatest  security  to 
government,  and  will  lay,  in  the  hearts  of  men,  the  strong- 
est obligations  to  due  subjection  ;  and  as  the  knowledge  of 
these  is  most  likely  to  be  propagated  through  a  society,  by 
the  institution  of  the  publick  worship  of  the  Deity,  and  of 
publick  instruction  in  morality  and  religion  ;  therefore,  to 
promote  these  important  purposes,  the  people  of  this  state 
have  a  right  to  empower,  and  do  hereby  fully  empower  the 
legislature,  to  authorize,  from  time  to  time,  the  several  towns, 
parishes,  bodies  corporate,  or  religious  societies,  within  this 
state,  to  make  adequate  provision,  at  their  own  expense,  for 
the  support  and  maintenance  of  publick  Protestant  teachers 
of  piety,  religion  and  morality. 

Provided  notwithstanding,  That  the  several  towns,  par- 
ishes, bodies  corporate,  or  religious  societies,  shall  at  all 
times  have  the  exclusive  right  of  electing  their  own  publick 
teachers,  and  of  contracting  with  them  for  their  support  and 
maintenance.  And  no  person  of  any  one  particular  relig- 
ious sect  or  denomination,  shall  ever  be  compelled  to  pay 
towards  the  support  of  the  teacher  or  teachers  of  another 
persuasion,  sect  or  denomination. 

And  every  denomination  of  christians,  demeaning  them- 
selves quietly,  and  as  good  subjects  of  the  state,  shall  be 
equally  under  the  protection  of  the  law  :  and  no  subordina- 
tion of  any  one  sect  or  denomination  to  another,  shall  ever 
be  established  by  law. 

And  nothing  herein  shall  be  understood  to  affect  any  for- 
mer contracts  made  for  the  support  of  the  ministry ;  but  all 
such  contracts  shall  remain,  and  be  in  the  same  state  as  if 
this  constitution  had  not  been  made. 

VII.  The  people  of  this  state  have  the  sole  and  exclusive 
right  of  governing  themselves  as  a  free,  sovereign  and  inde- 
pendent state  ;  and  do,  and  forever  hereafter  shall  exercise 
and  enjoy  every  power,  jurisdiction  and  right,  pertaining 
thereto,  which  is  not,  or  may  not  hereafter  be  by  them  ex- 
pressly delegated  to  the  United  States  of  America  in  con- 
gress assembled. 

VIII.  All  power  residing  originally  in,  and  being  derived 
from  the  people,  all  the  magistrates  and  officers  of  govern- 
ment are  their  substitutes  and  agents,  and  at  all  times  ac- 
countable to  them. 


JOURNAL   OF   CONVENTION.  I7I 

IX.  No  office  or  place  whatsoever  in  government,  shall  be 
hereditary — the  abilities  and  integrity  requisite  in  all,  not 
being  transmissible  to  posterity  or  relations. 

X.  Government  being  instituted  for  the  common  benefit, 
protection  and  security  of  the  whole  community,  and  not  for 
the  private  interest  or  emolument  of  any  one  man,  family,  or 
class  of  men  ;  therefore,  whenever  the  ends  of  government 
are  perverted,  and  publick  liberty  manifestly  endangered, 
and  all  other  means  of  redress  are  ineffectual,  the  people 
may  and  of  right  ought  to  reform  the  old,  or  establish  a  new 
government.  The  doctrine  of  non-resistance  against  arbi- 
trary power  and  oppression,  is  absurd,  slavish,  and  destruc- 
tive of  the  good  and  happiness  of  mankind. 

XL  All  elections  ought  to  be  free,  and  every  inhabitant  of 
the  state,  having  the  proper  qualifications,  has  equal  right 
to  elect  and  be  elected  into  office. 

XII.  Every  member  of  the  community  has  a  right  to  be 
protected  by  it,  in  the  enjoyment  of  his  life,  liberty  and  prop- 
erty ;  he  is  therefore  bound  to  contribute  his  share  in  the  ex- 
pense of  such  protection,  and  to  yield  his  personal  service 
when  necessary,  or  an  equivalent.  But  no  part  of  a  man's 
property  shall  be  taken  from  him,  or  applied  to  publick  uses, 
without  his  own  consent,  or  that  of  the  representative  body 
of  the  people.  Nor  are  the  inhabitants  of  this  state  control- 
able  by  any  other  laws  than  those  to  which  they,  or  their 
representative  body,  have  given  their  consent. 

XIII.  No  person,  who  is  conscientiously  scrupulous  about 
the  lawfulness  of  bearing  arms,  shall  be  compelled  thereto, 
provided  he  will  pay  an  equivalent. 

XIV.  Every  subject  of  this  state  is  entitled  to  a  certain 
remedy,  by  having  recourse  to  the  laws,  for  all  injuries  he 
may  receive  in  his  person,  property,  or  character ;  to  obtain 
right  and  justice  freely,  without  being  obliged  to  purchase 
it ;  completely  and  without  any  denial ;  promptly  and  with- 
out delay,  conformably  to  the  laws. 

XV.  No  subject  shall  be  held  to  answer  for  any  crime  or 
offence,  until  the  same  is  fully  and  plainly,  substantially  and 
formally  described  to  him  ;  or  be  compelled  to  accuse  or  fur- 
nish evidence  against  himself.  And  every  subject  shall 
have  a  right  to  produce  all  proofs  that  may  be  favourable  to 


1/2  STATE   OF   NEW   HAMPSHIRE. 

himself  ;  to  meet  the  witnesses  against  him,  face  to  face  ; 
and  to  be  fully  heard  in  his  defence,  by  himself  and  counsel. 
And  no  subject  shall  be  arrested,  imprisoned,  despoiled,  or 
deprived  of  his  property,  immunities,  or  privileges,  put  out 
of  the  protection  of  the  law,  exiled  or  deprived  of  his  life, 
liberty,  or  estate,  but  by  the  judgment  of  his  peers,  or  the 
law  of  the  land. 

XVI.  No  subject  shall  be  liable  to  be  tried,  after  an  ac- 
quittal, for  the  same  crime  or  offence.  Nor  shall  the  legis- 
lature make  any  law  that  shall  subject  any  person  to  a  capi- 
tal punishment,  (excepting  for  the  government  of  the  army 
and  navy,  and  the  militia  in  actual  service)  without  trial  by 
jury. 

XVII.  In  criminal  prosecutions,  the  trial  of  facts,  in  the 
vicinity  where  they  happen,  is  so  essential  to  the  security  of 
the  life,  liberty,  and  estate  of  the  citizen,  that  no  crime  or 
offence  ought  be  tried  in  any  other  county  than  that  in 
which  it  is  committed ;  except  in  cases  of  general  insurrec- 
tion in  any  particular  county,  when  it  shall  appear  to  the 
judges  of  the  superior  court,  that  an  impartial  trial  cannot  be 
had  in  the  county  where  the  offence  may  be  committed,  and 
upon  their  report,  the  legislature  shall  think  proper  to  direct 
the  trial  in  the  nearest  county  in  which  an  impartial  trial  can 
be  obtained. 

XVIII.  All  penalties  ought  to  be  proportioned  to  the  na- 
ture of  the  offence.  No  wise  legislature  will  affix  the  same 
punishment  to  the  crimes  of  theft,  forgery  and  the  like, 
which  they  do  to  those  of  murder  and  treason  ;  where  the 
same  undistinguishing  severity  is  exerted  against  all  offences, 
the  people  are  led  to  forget  the  real  distinction  in  the 
crimes  themselves,  and  to  commit  the  most  flagrant  with  as 
little  compunction  as  they  do  the  lightest  offences  :  for  the 
same  reason  a  multitude  of  sanguinary  laws  is  both  impolitic 
and  unjust.  The  true  design  of  all  punishments  being  to  re- 
form, not  to  exterminate  mankind. 

XIX.  Every  subject  hath  a  right  to  be  secure  from  all 
unreasonable  searches  and  seizures  of  his  person,  his  houses, 
his  papers,  and  all  his  possessions.  Therefore,  all  warrants 
to  search  suspected  places,  or  arrest  a  person  for  examina- 
tion or  trial,  in  prosecutions  for  criminal  matters,  are  con- 
trary to  this  right,  if  the  cause  or  foundation  of  them  be  not 


JOURNAL    OF    CONVENTION.  1 73 

previously  supported  by  oath  or  affirmation  ;  and  if  the  order, 
in  a  warrant  to  a  civil  officer,  to  make  search  in  suspected 
places,  or  to  arrest  one  or  more  suspected  persons,  or  to  seize 
their  property,  be  not  accompanied  with  a  special  designa- 
tion of  the  persons  or  objects  of  search,  arrest,  or  seizure; 
and  no  warrant  ought  to  be  issued,  but  in  cases,  and  with 
the  formalities,  prescribed  by  law. 

XX.  In  all  controversies  concerning  property,  and  in  all 
suits  between  two  or  more  persons,  except  in  cases  in  which 
it  has  been  heretofore  otherwise  used  and  practised,  the  par- 
ties have  a  right  to  a  trial  by  jury,  and  this  method  of  pro- 
cedure shall  be  held  sacred,  unless,  in  cases  arising  on  the 
high  seas  and  such  as  relate  to  mariners'  wages,  the  legis- 
lature shall  think  it  necessary  hereafter  to  alter  it. 

XXI.  In  order  to  reap  the  fullest  advantage  of  the  ines- 
timable privilege  of  the  trial  by  jury,  great  care  ought  to  be 
taken,  that  none  but  qualified  persons  should  be  appointed 
to  serve  ;  and  such  ought  to  be*  fully  compensated  for  their 
travel,  time  and  attendance. 

XXII.  The  Liberty  of  the  Press  is  essential  to  the 
security  of  freedom  in  a  state:  it  ought  therefore  to  be  in- 
violably preserved. 

XXIII.  Retrospective  laws  are  highly  injurious,  oppres- 
sive and  unjust.  No  such  laws  therefore  should  be  made, 
either  for  the  decision  of  civil  causes,  or  the  punishment  of 
offences. 

XXIV.  A  well  regulated  militia  is  the  proper,  natural  and 
sure  defence  of  a  state. 

XXV.  Standing  armies  are  dangerous  to  liberty,  and 
ought  not  to  be  raised,  or  kept  up  without  the  consent  of 
the  legislature. 

XXVI.  In  all  cases  and  at  all  times,  the  military  ought  to 
be  under  strict  subordination  to,  and  governed  by,  the  civil 
power. 

XXVII.  No  soldier  in  time  of  peace,  shall  be  quartered 
in  any  house,  without  the  consent  of  the  owner  ;  and  in 
time  of  war,  such  quarters  ought  not  to  be  made  but  by  the 
civil  magistrate,  in  a  manner  ordained  by  the  legislature. 

*  Be  is  omitted  in  the  original. 


174  STATE    OF   NEW    HAMPSHIRE. 

XXVIII.  No  subsidy,  charge,  tax,  impost,  or  duty,  shall 
be  established,  fixed,  laid,  or  levied,  under  any  pretext  what- 
soever, without  the  consent  of  the  people,  or  their  represent- 
atives in  the  legislature,  or  authority  derived  from  that  body. 

XXIX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  them,  ought  never  to  be  exercised  but  by  the  legisla- 
ture, or  by  authority  derived  therefrom,  to  be  exercised  in 
such  particular  cases  only  as  the  legislature  shall  expressly 
provide  for. 

XXX.  The  freedom  of  deliberation,  speech  and  debate, 
in  either  house  of  the  legislature,  is  so  essential  to  the  rights 
of  the  people,  that  it  cannot  be  the  foundation  of  any  action, 
complaint,  or  prosecution,  in  any  other  court  or  place  what- 
soever. 

XXXI.  The  legislature  shall  assemble  for  the  redress  of 
publick  grievances,  and  for  making  such  laws  as  the  publick 
good  may  require. 

XXXII.  The  people  have  a  right  in  an  orderly  and  peace- 
able manner,  to  assemble  and  consult  upon  the  common 
good,  give  instructions  to  their  representatives,  and  to  re- 
quest of  the  legislative  body,  by  way  of  petition  or  remon- 
strance, redress  of  the  wrongs  done  them,  and  of  the  griev- 
ances they  suffer. 

XXXIII.  No  magistrate,  or  court  of  law,  shall  demand 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict 
cruel  or  unusual  punishments. 

XXXIV.  No  person  can  in  any  case  be  subjected  to  law- 
martial,  or  to  any  pains  or  penalties  by  virtue  of  that  law, 
except  those  employed  in  the  army  or  navy,  and  except  the 
militia  in  actual  service,  but  by  authority  of  the  legislature. 

XXXV.  It  is  essential  to  the  preservation  of  the  rights 
of  every  individual,  his  life,  liberty,  property,  and  character, 
that  there  be  an  impartial  interpretation  of  the  laws  and  ad- 
ministration of  justice.  It  is  the  right  of  every  citizen  to  be 
tried  by  judges  as  impartial  as  the  lot  of  humanity  will  admit. 
It  is  therefore  not  only  the  best  policy,  but  for  the  security 
of  the  rights  of  the  people,  that  the  judges  of  the  supreme 
judicial  court  should  hold  their  offices  so  long  as  they  be- 
have well :  subject,  however,  to  such  limitations  on  account 
of  age,  as  may  be  provided  by  the  constitution  of  the  state : 


JOURNAL    OF    CONVENTION.  1/5 

and  that  they  should  have  honorable  salaries  ascertained  and 
established  by  standing  laws. 

XXXVI.  Economy  being  a  most  essential  virtue  in  all 
states,  especially  in  a  young  one  ;  no  pension  shall  be  granted, 
but  in  consideration  of  actual  services  ;  and  such  pensions 
ought  to  be  granted  with  great  caution  by  the  legislature, 
and  never  for  more  than  one  year  at  a  time. 

XXXVII.  In  the  government  of  this  state,  the  three  es- 
sential powers  thereof,  to  wit,  the  legislative,  executive  and 
judicial,  ought  to  be  kept  as  separate  from,  and  independent 
of  each  other,  as  the  nature  of  a  free  government  will  admit, 
or  as  is  consistent  with  that  chain  of  connection  that  binds 
the  whole  fabric  of  the  constitution  in  one  indissoluble  bond 
of  union  and  amity. 

XXXVIII.  A  frequent  recurrence  to  the  fundamental 
principles  of  the  constitution,  and  a  constant  adherence  to 
justice,  moderation,  temperance,  industry,  frugality,  and  all 
the  social  virtues,  are  indispensably  necessary  to  preserve 
the  blessings  of  liberty  and  good  government  ;  the  people 
ought  therefore  to  have  a  particular  regard  to  all  those  prin- 
ciples in  the  choice  of  their  officers  and  representatives  :  and 
they  have  a  right  to  require  of  their  law-givers  and  magis- 
trates, an  exact  and  constant  observance  of  them,  in  the 
formation  and  execution  of  the  laws  necessary  for  the  good 
administration  of  government. 


PART  SECOND. 

FORM    OF    GOVERNMENT. 


JL  HE  people  inhabiting  the  territory  formerly  called  the  Prov- 
ince of  New-Hampshire,  do  hereby  solemnly  and  mutually 
agree  with  each  other,  to  form  themselves  into  a  free,  sov- 
ereign and  independent  body-politic,  or  state,  by  the  name 
of  the  State  of  Nezu-Hainps/iirc. 


GENERAL    COURT. 


The  supreme  legislative  power,  within  this  state,  shall  be 
vested  in  the  senate  and  house  of  representatives,  each  of 
which  shall  have  a  negative  on  the  other. 


176  STATE    OF    NEW   HAMPSHIRE. 

The  senate  and  house  shall  assemble  every  year  on  the 
first  Wednesday  of  June,  and  at  such  other  times  as  they 
may  judge  necessary  ;  and  shall  dissolve,  and  be  dissolved 
seven  days  next  preceding  the  said  first  Wednesday  of  June  ; 
and  shall  be  stiled  tJie  General  Court  of  New-HainpsJiire. 

The  general  court  shall  forever  have  full  power  and  author- 
ity to  erect  and  constitute  judicatories,  and  courts  of  record, 
or  other  courts,  to  be  holden  in  the  name  of  the  state,  for  the 
hearing,  trying  and  determining  all  manner  of  crimes,  offen- 
ces, pleas,  processes,  plaints,  actions,  causes,  matters  and 
things  whatsoever,  arising  or  happening  within  this  state,  or 
between  or  concerning  persons  inhabiting  or  residing,  or 
brought  within  the  same ;  whether  the  same  be  criminal  or 
civil,  or  whether  the  crimes  be  capital,  or  not  capital,  and 
whether  the  said  pleas  be  real,  personal,  or  mixed  ;  and  for 
the  awarding  and  issuing  execution  thereon.  To  which 
courts  and  judicatories,  are  hereby  given  and  granted,  full 
power  and  authority,  from  time  to  time,  to  administer  oaths 
or  affirmations,  for  the  better  discovery  of  truth  in  any  mat- 
ter in  controversy,  or  depending  before  them. 

And  further,  full  power  and  authority  are  hereby  given 
and  granted  to  the  said  general  court,  from  time  to  time  to 
make,  ordain  and  establish,  all  manner  of  wholesome  and 
reasonable  orders,  laws,  statutes,  ordinances,  directions  and 
instructions,  either  with  penalties,  or  without,  so  as  the  same 
be  not  repugnant  or  contrary  to  this  constitution,  as  they 
may  judge  for  the  benefit  and  welfare  of  this  state,  and  for 
the  governing  and  ordering  thereof,  and  of  the  subjects  of 
the  same,  for  the  necessary  support  and  defence  of  the  gov- 
ernment thereof ;  and  to  name  and  settle  annually,  or  pro- 
vide by  fixed  laws  for  the  naming  and  settling,  all  civil  officers 
within  this  state  ;  such  officers  excepted,  the  election  and  ap- 
pointment of  whom  are  hereafter  in  this  form  of  government 
otherwise  provided  for  ;  and  to  set  forth  the  several  duties, 
powers  and  limits,  of  the  several  civil  and  military  officers  of 
this  state,  and  the  forms  of  such  oaths  or  affirmations  as  shall 
be  respectively  administered  unto  them,  for  the  execution  of 
their  several  offices  and  places,  so  as  the  same  be  not  repug- 
nant or  contrary  to  this  constitution  ;  and  also  to  impose 
fines,  mulcts,  imprisonments  and  other  punishments  ;  and  to 
impose  and  levy  proportional  and  reasonable  assessments, 
rates  and  taxes,  upon  all  the  inhabitants  of,  and  residents 


JOURNAL    OF    CONVENTION.  1 7/ 

within,  the  said  state  ;  and  upon  all  estates  within  the  same  ; 
to  be  issued  and  disposed  of  by  warrant,  under  the  hand  of 
the  governor  of  this  state  for  the  time  being,  with  the  advice 
and  consent  of  the  council,  for  the  public  service,  in  the  nec- 
essary defence  and  support  of  the  government  of  this  state, 
and  the  protection  and  preservation  of  the  subjects  thereof, 
according  to  such  acts  as  are,  or  shall  be  in  force  within  the 
same. 

And  while  the  publick  charges  of  government,  or  any  part 
thereof,  shall  be  assessed  on  polls  and  estates  in  the  manner 
that  has  heretofore  been  practised  ;  in  order  that  such  as- 
sessments may  be  made  with  equality,  there  shall  be  a  valu- 
ation of  the  estates  within  the  state  taken  anew  once  in  every 
five  years  at  least,  and  as  much  oftener  as  the  general  court 
shall  order. 

No  member  of  the  general  court  shall  take  fees,  be  of 
council,  or  act  as  advocate,  in  any  cause  before  either  branch 
of  the  legislature ;  and  upon  due  proof  thereof,  such  member 
shall  forfeit  his  seat  in  the  legislature. 

The  doors  of  the  galleries,  of  each  house  of  the  legislature, 
shall  be  kept  open  to  all  persons  who  behave  decently,  ex- 
cept when  the  welfare  of  the  state,  in  the  opinion  of  either 
branch,  shall  require  secrecy. 

HOUSE    OF    REPRESENTATIVES. 

There  shall  be,  in  the  legislature  of  this  state,  a  represen- 
tation of  the  people,  annually  elected  and  founded  upon  prin- 
ciples of  equality:  and  in  order  that  such  representation 
may  be  as  equal  as  circumstances  will  admit,  every  town, 
parish,  or  place  entitled  to  town  privileges,  having  one  hun- 
dred and  fifty  rateable  male  polls,  of  twenty-one  years  of  age 
and  upwards,  may  elect  one  representative  ;  if  four  hundred 
and  fifty  rateable  polls,  may  elect  two  representatives  ;  and 
so  proceeding  in  that  proportion,  making  three  hundred  such 
rateable  polls  the  mean  increasing  number,  for  every  addi- 
tional representative. 

Such  towns,  parishes,  or  places,  as  have  less  than  one  hun- 
dred and  fifty  rateable  polls,  shall  be  classed  by  the  general 
court  for  the  purpose  of  choosing  a  representative,  and  sea- 
sonably notified  thereof.  And  in  every  class,  formed  for  the 
abovementioned  purpose,  the  first  annual  meeting  shall  be 
12 


178  STATE    OF    NEW    HAMPSHIRE. 

held  in  the  town,  parish,  or  place,  wherein  most  of  the  rate- 
able polls  reside  ;  and  afterwards  in  that  which  has  the  next 
highest  number  ;  and  so  on  annually  by  rotation,  through 
the  several  towns,  parishes,  or  places,  forming  the  district. 

Whenever  any  town,  parish,  or  place,  entitled  to  town 
privileges  as  aforesaid,  shall  not  have  one  hundred  and  fifty 
rateable  polls,  and  be  so  situated  as  to  render  the  classing 
thereof  with  any  other  town,  parish  or  place,  very  inconven- 
ient, the  general  court  may,  upon  application  of  a  majority  of 
the  voters  in  such  town,  parish,  or  place,  issue  a  writ  for  their 
electing  and  sending  a  representative  to  the  general  court. 

The  members  of  the  house  of  representatives  shall  be 
chosen  annually  in  the  month  of  March,  and  shall  be  the 
second  branch  of  the  legislature. 

All  persons  qualified  to  vote  in  the  election  of  senators, 
shall  be  entitled  to  vote  within  the  district  where  they  dwell, 
in  the  choice  of  representatives.  Every  member  of  the 
house  of  representatives  shall  be  chosen  by  ballot ;  and  for 
two  years  at  least,  next  preceding  his  election,  shall  have 
been  an  inhabitant  of  this  state  ;  shall  have  an  estate  within 
the  district  which  he  may  be  chosen  to  represent,  of  the 
value  of  one  hundred  pounds,  one  half  of  which  to  be  a  free- 
hold, wherof  he  is  seized  in  his  own  right  ;  shall  be  at  the 
time  of  his  election  an  inhabitant  of  the  town,  parish  or 
place  he  may  be  chosen  to  represent,  shall  be  of  the  protes- 
tant  religion,  and  shall  cease  to  represent  such  town,  parish 
or  place,  immediately  on  his  ceasing  to  be  qualified  as  afore- 
said. 

The  members  of  both  houses  of  the  legislature  shall  be 
compensated  for  their  services  out  of  the  treasury  of  the 
state,  by  a  law  made  for  that  purpose  ;  such  members  attend- 
ing seasonably,  and  not  departing  without  license.  All  in- 
termediate vacancies  in  the  house  of  representatives,  may  be 
filled  up  from  time  to  time,  in  the  same  manner  as  annual 
elections  are  made. 

The  house  of  representatives  shall  be  the  grand  inquest 
of  the  state  ;  and  all  impeachments  made  by  them,  shall  be 
heard  and  tried  by  the  senate. 

All  money  bills  shall  originate  in  the  house  of  representa- 
tives ;  but  the  senate  may  propose,  or  concur  with  amend- 
ments, as  on  other  bills. 


JOURNAL    OF   CONVENTION.  1 79 

The  house  of  representatives  shall  have  power  to  adjourn 
themselves,  but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  house  of  representa- 
tives shall  be  a  quorum  for  doing  business  ;  but  when  less 
than  two  thirds  of  the  representatives  elected  shall  be  pres- 
ent, the  assent  of  two  thirds  of  those  members  shall  be  nec- 
essary to  render  their  acts  and  proceedings  valid. 

No  member  of  the  house  of  representatives  or  senate, 
shall  be  arrested  or  held  to  bail  on  mean  process,  during  his 
going  to,  returning  from,  or  attendance  upon  the  court. 

The  house  of  representatives  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  the  rules  of 
proceedings  in  their  own  house  ;  and  shall  be  judge  of  the 
returns,  elections,  and  qualifications  of  its  members,  as 
pointed  out  in  this  constitution.  They  shall  have  authority 
to  punish  by  imprisonment,  every  person  who  shall  be  guilty 
of  disrespect  to  the  house  in  its  presence,  by  any  disorderly 
and  contemptuous  behaviour,  or  by  threatening  or  ill  treat- 
ing any  of  its  members  ;  or  by  obstructing  its  dehberations  ; 
every  person  guilty  of  a  breach  of  its  privileges,  in  making 
arrest  for  debt,  or  by  assaulting  any  member  during  his 
attendance  at  any  session  ;  in  assaulting  or  disturbing  any 
one  of  its  officers  in  the  execution  of  any  order  or  procedure 
of  the  house  ;  in  assaulting  any  witness  or  other  person, 
ordered  to  attend,  by,  and  during  his  attendance  upon*  the 
house  ;  or  in  rescuing  any  person  arrested  by  order  of  the 
house,  knowing  them  to  be  such. — The  senate,  governor  and 
council,  shall  have  the  same  powers  in  like  cases :  provided, 
that  no  imprisonment  by  either,  for  any  offence,  exceed  ten 
days. 

The  journals  of  the  proceedings,  and  all  publick  acts  of 
both  houses  of  the  legislature,  shall  be  printed  and  published 
immediately  after  every  adjournment  or  prorogation  ;  and 
upon  motion  made  by  any  one  member,  the  yeas  and  nays 
upon  any  question  shall  be  entered  upon  the  journal :  And 
any  member  of  the  senate  or  house  of  representatives,  shall 
have  a  right,  on  motion  made  at  the  time  for  that  purpose, 
to  have  his  protest  or  dissent,  with  the  reasons,  against  any 
vote,  resolve,  or  bill  passed,  entered  on  the  journal. 

*In  the  original  it  is  attendance  <y" the  house. 


l80  STATE    OF    NEW    HAMPSHIRE. 


SENATE. 


The  senate  shall  consist  of  twelve  members,  who  shall 
hold  their  office  for  one  year  from  the  first  Wednesday  of 
June  next  ensuing  their  election. 

And  that  the  state  may  be  equally  represented  in  the 
senate,  the  legislature  shall,  from  time  to  time,  divide  the 
state  into  twelve  districts,  as  nearly  equal  as  may  be  without 
dividing  towns  and  unincorporated  places  ;  and  in  making 
this  division,  they  shall  govern  themselves  by  the  proportion 
of  direct  taxes  paid  by  the  said  districts,  and  timely  make 
known  to  the  inhabitants  of  the  state  the  limits  of  each 
district. 

The  freeholders  and  other  inhabitants  of  each  district, 
qualified  as  in  this  constitution  is  provided,  shall  annually 
give  in  their  votes  for  a  senator,  at  some  meeting  holden  in 
the  month  of  March. 

The  senate  shall  be  the  first  branch  of  the  legislature  ;  and 
the  senators  shall  be  chosen  in  the  following  manner,  viz. 
every  male  inhabitant  of  each  town,  and  parish  with  town 
privileges,  and  places  unincorporated,  in  this  state,  of  twenty- 
one  years  of  age  and  upwards,  excepting  paupers,  and  per- 
sons excused  from  paying  taxes  at  their  own  request,  shall 
have  a  right  at  the  annual  or  other  meetings  of  the  inhab- 
itants of  said  towns  and  parishes,  to  be  duly  warned  and 
holden  annually  forever  in  the  month  of  March,  to  vote  in 
the  town  or  parish  wherein  he  dwells,  for  the  senator  in  the 
district  whereof  he  is  a  member. 

Provided  nevertheless,  That  no  person  shall  be  capable  of 
being  elected  a  senator,  who  is  not  of  the  protestant  religion, 
and  seized  of  a  freehold  estate  in  his  own  right,  of  the  value 
of  two  hundred  pounds,  lying  within  this  state,  who  is  not  of 
the  age  of  thirty  years,  and  who  shall  not  have  been  an  in- 
habitant of  this  state  for  seven  years  immediately  preceding 
his  election,  and  at  the  time  thereof  he  shall  be  an  inhabi- 
tant of  the  district  for  which  he  shall  be  chosen. 

And  every  person,  qualified  as  the  constitution  provides, 
shall  be  considered  an  inhabitant  for  the  purpose  of  electing 
and  being  elected  into  any  office  or  place  within  this  state, 
in  the  town,  parish  and  plantation,  where  he  dwelleth  and 
hath  his  home. 


JOURNAL    OF    CONVENTION.  l8l 

And  the  inhabitants  of  plantations  and  places  unincorpo- 
rated, qualified  as  this  constitution  provides,  who  are  or  shall 
be  required  to  assess  taxes  upon  themselves  towards  the  sup- 
port of  government,  or  shall  be  taxed  therefor,  shall  have  the 
same  privilege  of  voting  for  senators,  in  the  plantations  and 
places  wherein  they  reside,  as  the  inhabitants  of  the  respec- 
tive towns  and  parishes  aforesaid  have.  And  the  meetings 
of  such  plantations  and  places  for  that  purpose  shall  be 
holden  annually  in  the  month  of  March,  at  such  places  re- 
spectively therein  as  the  assessors  thereof  shall  direct ;  which 
assessors  shall  have  like  authority  for  notifying  the  electors, 
collecting  and  returning  the  votes,  as  the  selectmen  and 
town  clerk  have  in  their  several  towns  by  this  constitution. 

The  meeting  for  the  choice  of  governor,  council,  and  sen- 
ators, shall  be  warned  by  warrant  from  the  selectmen,  and 
governed  by  a  moderator,  who  shall  in  the  presence  of  the 
selectmen  (whose  duty  it  shall  be  to  attend)  in  open  meeting, 
receive  the  votes  of  all  the  inhabitants  of  such  towns  and 
parishes  present,  and  qualified  to  vote  for  senators  ;  and 
shall,  in  said  meetings,  in  presence  of  the  said  selectmen, 
and  of  the  town  clerk  in  said  meetings,  sort  and  count  the 
said  votes,  and  make  a  public  declaration  thereof,  with  the 
name  of  every  person  voted  for,  and  the  number  of  votes  for 
each  person  ;  and  the  town  clerk  shall  make  a  fair  record  of 
the  same  at  large,  in  the  town  book,  and  shall  make  out  a 
fair  attested  copy  thereof,  to  be  by  him  sealed  up,  and  di- 
rected to  the  secretary  of  the  state,  with  a  superscription 
expressing  the  purport  thereof :  And  the  said  town  clerk 
shall  cause  such  attested  copy  to  be  delivered  to  the  sheriff 
of  the  county  in  which  such  town  or  parish  shall  lie,  thirty 
days  at  least  before  the  first  Wednesday  of  June,  or  to  the 
secretary  of  the  state  at  least  twenty  days  before  the  said 
first  Wednesday  of  June  :  and  the  sheriff  of  each  county,  or 
his  deputy,  shall  deliver  all  such  certificates,  by  him  received, 
into  the  secretary's  office,  at  least  twenty  days  before  the 
first  Wednesday  of  June. 

And  that  there  may  be  a  due  meeting  of  senators  on  the 
first  Wednesday  of  June  annually,  the  governor,  and  a  ma- 
jority of  the  council  for  the  time  being,  shall  as  soon  as  may 
be,  examine  the  returned  copies  of  such  records,  and  four- 
teen days  before  the  first  Wednesday  of  June,  he  shall  issue 
his  summons  to  such  persons  as  appear  to  be  chosen  sena- 


1 82  STATE    OF    NEW    HAMPSHIRE. 

tors,  by  a  majority  of  votes,  to  attend  and  take  their  seats  on 
that  day. 

Provided  nevertheless,  That  for  the  first  year  the  said  re- 
turned copies  shall  be  examined  by  the  president,  and  a  ma- 
jority of  the  council  then  in  office  ;  and  the  said  president 
shall  in  like  manner  notify  the  persons  elected,  to  attend  and 
take  their  seats  accordingly. 

And  in  case  there  shall  not  appear  to  be  a  senator  elected 
by  a  majority  of  votes,  for  any  district,  the  deficiency  shall 
be  supplied  in  the  following  manner,  viz.,  the  members  of  the 
house  of  representatives,  and  such  senators  as  shall  be  de- 
clared elected,  shall  take  the  names  of  the  two  persons  hav- 
ing the  highest  number  of  votes  in  the  district,  and  out  of 
them  shall  elect,  by  joint  ballot,  the  senator  wanted  for  such 
district ;  and  in  this  manner  all  such  vacancies  shall  be  filled 
up  in  every  district  of  the  state,  and  in  like  manner  all  va- 
cancies in  the  senate,  arising  by  death,  removal  out  of  the 
state,  or  otherwise,  shall  be  supplied  as  soon  as  may  be  after 
such  vacancies  happen. 

The  senate  shall  be  final  judges  of  the  elections,  returns 
and  qualifications  of  their  own  members,  as  pointed  out  in 
this  constitution. 

The  senate  shall  have  power  to  adjourn  themselves,  pro- 
vided such  adjournment  do  not  exceed  two  days  at  a  time. 

Provided  nevertheless,  That  whenever  they  shall  sit  on 
the  trial  of  any  impeachment,  they  may  adjourn  to  such  time 
and  place  as  they  may  think  proper,  although  the  legislature 
be  not  assembled  on  such  day,  or  at  such  place. 

The  senate  shall  appoint  their  president  and  other  officers, 
and  determine  their  own  rules  of  proceedings  :  and  not  less 
than  seven  members  of  the  senate  shall  make  a  quorum  for 
doing  business  ;  and  when  less  than  eight  senators  shall  be 
present,  the  assent  of  five  at  least,  shall  be  necessary  to  ren- 
der their  acts  and  proceedings  valid. 

The  senate  shall  be  a  court,  with  full  power  and  authority 
to  hear,  try  and  determine,  all  impeachments  made  by  the 
house  of  representatives  against  any  officer  or  officers  of  the 
state,  for  bribery,  corruption,  mal-practice  or  mal-administra- 
tion,  in  ofiice  ;  with  full  power  to  issue  summons,  or  compul- 
sory process,  for  convening  witnesses  before  them  :  but  pre- 


JOURNAL    OF    CONVENTION.  1 83 

vious  to  the  trial  of  any  such  impeachment,  the  members  of 
the  senate  shall  respectively  be  sworn  truly  and  impartially 
to  tr}^  and  determine  the  charge  in  question,  according  to 
evidence.  And  every  officer,  impeached  for  bribery,  corrup- 
tion, mal-practice  or  mal-administration  in  office,  shall  be 
served  with  an  attested  copy  of  the  impeachment,  and  order 
of  senate  thereon,  with  such  citation  as  the  senate  may  direct, 
setting  forth  the  time  and  place  of  their  sitting  to  try  the 
impeachment ;  which  service  shall  be  made  by  the  sheriff, 
or  such  other  sworn  officer  as  the  senate  may  appoint,  at 
least  fourteen  days  previous  to  the  time  of  trial ;  and  such 
citation  being  duly  served  and  returned,  the  senate  may  pro- 
ceed in  the  hearing  of  the  impeachment,  giving  the  person 
impeached  (if  he  shall  appear)  full  liberty  of  producing  wit- 
nesses and  proofs,  and  of  making  his  defence,  by  himself 
and  council,  and  ma}'  also,  upon  his  refusing  or  neglecting  to 
appear,  hear  the  proofs  in  support  of  impeachment,  and  ren- 
der judgment  thereon,  his  non-appearance  notwithstanding; 
and  such  judgments  shall  have  the  same  force  and  effect  as 
if  the  person  impeached  had  appeared  and  pleaded  in  the  trial. 
Their  judgment,  however,  shall  not  extend  further  than  re- 
moval from  office,  disqualification  to  hold  or  enjoy  any  place 
of  honor,  trust,  or  profit,  under  this  state  ;  but  the  partv  so 
convicted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment  and  punishment,  according  to  the  laws  of  the 
land. 

Whenever  the  governor  shall  be  impeached,  the  chief  jus- 
tice of  the  supreme  judicial  court  shall,  during  the  trial,  pre- 
side in  the  senate,  but  have  no  vote  therein. 

EXECUTIVE    POWER. 
GOVERNOR. 

There  shall  be  a  supreme  executive  magistrate,  who  shall 
be  stiled  the  Governor  of  the  State  of  New-Hampshire,  and 
whose  title  shall  be  His  Excellency. 

The  governor  shall  be  chosen  annually  in  the  month  of 
March  ;  and  the  votes  for  governor  shall  be  received,  sorted, 
counted,  certified,  and  returned,  in  the  same  manner  as  the 
votes  for  senators  ;  and  the  secretary  shall  lay  the  same  be- 
fore the  senate  and  house  of  representatives,  on  the  first 
Wednesday  of  June,  to  be  by  them  examined,  and  in  case  of 


184  STATE    OF    NEW    HAMPSHIRE. 

an  election  by  a  majority  of  votes   through   the  state,  the 
choice  shall  be  by  them  declared  and  published. 

And  the  qualifications  of  electors  of  the  governor  shall  be 
the  same  as  those  for  senators  ;  and  if  no  person  shall  have 
a  majority  of  votes,  the  senate  and  house  of  representatives 
shall  by  joint  ballot  elect  one  of  the  two  persons  having  the 
highest  number  of  votes,  who  shall  be  declared  governor. 

And  no  person  shall  be  eligible  to  this  office,  unless  at  the 
time  of  his  election,  he  shall  have  been  an  inhabitant  of  this 
state  for  seven  years  next  preceding,  and  unless  he  shall  be 
of  the  age  of  thirty  years,  and  unless  he  shall  at  the  same 
time  have  an  estate  of  the  value  of  five  hundred  pounds,  one 
half  of  which  shall  consist  of  a  freehold  in  his  own  right 
within  this  state,  and  unless  he  shall  be  of  the  protestant 
religion. 

In  cases  of  disagreement  between  the  two  houses  with 
regard  to  the  time  or  place  of  adjournment  or  prorogation, 
the  governor,  with  advice  of  council,  shall  have  a  right  to 
adjourn  or  prorogue  the  general  court,  not  exceeding  ninety 
days  at  any  one  time,  as  he  may  determine  the  public  good 
may  require,  and  he  shall  dissolve  the  same  seven  days  be- 
fore the  said  first  Wednesday  of  June. 

And  in  case  of  any  infectious  distemper  prevailing  in  the 
place  where  the  said  court  at  any  time  is  to  convene,  or  any 
other  cause,  whereby  dangers  may  arise  to  the  health  or 
lives  of  the  members  from  their  attendance,  the  governor 
may  direct  the  session  to  be  holden  at  some  other  the  most 
convenient  place  within  the  state. 

Every  bill  which  shall  have  passed  both  houses  of  the  gen- 
eral court,  shall,  before  it  become  a  law,  be  presented  to  the 
governor ;  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall 
return  it  with  his  objections,  to  that  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal  and  proceed  to  reconsider  it ;  if  after  such  re- 
consideration, two  thirds  of  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  such  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and 
if  approved  by  two  thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  persons, 
voting  for  or  against  the  bill,  shall  be  entered  on  the  journal 


JOURNAL   OF    CONVENTION.  1 85 

of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  governor,  within  five  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  legislature,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  be  a  law. 

Every  resolve  shall  be  presented  to  the  governor,  and  be- 
fore the  same  shall  take  effect,  shall  be  approved  by  him,  or 
being  disapproved  by  him,  shall  be  repassed  by  the  senate 
and  house  of  representatives,  according  to  the  rules  and  limi- 
tations prescribed  in  the  case  of  a  bill. 

All  judicial  officers,  the  attorney  general,  solicitors,  all 
sheriffs,  coroners,  registers  of  probate,  and  all  officers  of  the 
navy,  and  general  and  field  officers  of  the  militia,  shall  be 
nominated  and  appointed  by  the  governor  and  council  ;  and 
every  such  nomination  shall  be  made  at  least  three  days 
prior  to  such  appointment ;  and  no  appointment  shall  take 
place,  unless  a  majority  of  the  council  agree  thereto.  The 
governor  and  council  shall  have  a  negative  on  each  other, 
both  in  the  nominations  and  appointments.  Every  nomina- 
tion and  appointment  shall  be  signed  by  the  governor  and 
council,  and  every  negative  shall  be  also  signed  by  the  gov- 
ernor or  council,  who  made  the  same. 

The  captains  and  subalterns  in  the  respective  regiments, 
shall  be  nominated  and  recommended  by  the  field  officers  to 
the  governor,  who  is  to  issue  their  commissions  immediately 
on  receipt  of  such  recommendation. 

Whenever  the  chair  of  the  governor  shall  become  vacant, 
by  reason  of  his  death,  absence  from  the  state,  or  otherwise, 
the  president  of  the  senate  shall,  during  such  vacancy,  have 
and  exercise  all  the  powers  and  authorities  which,  by  this 
constitution  the  governor  is  vested  with,  when  personally 
present ;  but  when  the  president  of  the  senate  shall  exercise 
the  office  of  governor,  he  shall  not  hold  his  office  in  the 
senate. 

The  governor,  with  advice  of  council,  shall  have  full  power 
and  authority  in  the  recess  of  the  general  court,  to  prorogue 
the  same  from  time  to  time,  not  exceeding  ninety  days  in 
any  one  recess  of  said  court ;  and  during  the  sessions  of 
said  court,  to  adjourn  or  prorogue  it  to  any  time  the  two 
houses  may  desire,  and  to  call  it  together  sooner  than  the 


1 86  STATE    OF   NEW    HAMPSHIRE. 

time  to  which  it  may  be  adjourned  or  prorogued,  if  the  wel- 
fare of  the  state  should  require  the  same. 

The  governor  of  this  state  for  the  time  being,  shall  be 
commander  in  chief  of  the  army  and  navy,  and  all  the  mili- 
tary forces  of  the  state,  by  sea  and  land  ;  and  shall  have  full 
power  by  himself,  or  by  any  chief  commander,  or  other  officer 
or  officers,  from  time  to  time,  to  train,  instruct,  exercise  and 
govern  the  militia  and  navy  ;  and  for  the  special  defence  and 
safety  of  this  state,  to  assemble  in  martial  array,  and  put  in 
warlike  posture  the  inhabitants  thereof,  and  to  lead  and  con- 
duct them,  and  with  them  to  encounter,  repulse,  repel,  resist 
and  pursue  by  force  of  arms,  as  well  by  sea  as  by  land,  within 
and  without  the  limits  of  this  state  ;  and  also  to  kill,  slay,  de- 
stroy if  necessary,  and  conquer  by  all  fitting  ways,  enterprise 
and  means,  all  and  every  such  person  and  persons  as  shall  at  any 
time  hereafter,  in  a  hostile  manner,  attempt  or  enterprise  the 
destruction,  invasion,  detriment  or  annoyance  of  this  state  ; 
and  to  use  and  exercise  over  the  army  and  navy,  and  over 
the  militia  in  actual  service,  the  law  martial  in  time  of  war, 
invasion,  and  also  in  rebellion,  declared  by  the  legislature  to 
exist  as  occasion  shall  necessarily  require :  and  surprise  by 
all  ways  and  means  whatsoever,  all  and  every  such  person  or 
persons,  with  their  ships,  arms,  ammunition,  and  other  goods, 
as  shall  in  a  hostile  manner  invade,  or  attempt  the  invading, 
conquering  or  annoying  this  state  ;  and  in  fine,  the  governor 
hereby  is  entrusted  with  all  other  powers  incident  to  the 
office  of  captain  general  and  commander  in  chief  and  admi- 
ral, to  be  exercised  agreeably  to  the  rules  and  regulations  of 
the  constitution  and  the  laws  of  the  land :  provided,  that  the 
governor  shall  not  at  any  time  hereafter,  by  virtue  of  any 
power  by  this  constitution  granted  or  hereafter  to  be  granted 
to  him  by  the  legislature,  transport  any  of  the  inhabitants  of 
this  state,  or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court,  nor  grant  commissions  for  exercis- 
ing the  law  martial  in  any  case,  without  the  advice  and  con- 
sent of  the  council. 

The  power  of  pardoning  offences,  except  such  as  persons 
may  be  convicted  of  before  the  senate  by  impeachment  of 
the  house,  shall  be  in  the  governor,  by  and  with  the  advice 
of  the*  council :  but  no  charter  of  pardon  granted  by  the 

*The  is  omitted  in  the  original. 


JOURNAL    OF    CONVENTION.  1 8/ 

governor  with  advice  of  council,  before  conviction,  shall  avail 
the  party  pleading  the  same,  notwithstanding  any  general  or 
particular  expressions  contained  therein,  descriptive  of  the 
offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commissioned  to  command  in  the  militia 
shall  be  removed  from  his  ofhce,  but  by  the  address  of  both 
houses  to  the  governor,  or  by  fair  trial  in  court-martial,  pur- 
suant to  the  laws  of  the  state  for  the  time  being. 

The  commanding  officers  of  the  regiments  shall  appoint 
their  adjutants  and  quarter-masters  ;  the  brigadiers,  their 
brigade-majors  ;  the  major-generals,  their  aids  ;  the  captains 
and  subalterns,  their  non-commissioned  officers. 

The  division  of  the  militia  into  brigades,  regiments  and 
companies,  made  in  pursuance  of  the  militia  laws  now  in 
force,  shall  be  considered  as  the  proper  division  of  the  mi- 
litia of  this  state,  until  the  same  shall  be  altered  by  some  fu- 
ture law. 

No  monies  shall  be  issued  out  of  the  treasury  of  this  state 
and  disposed  of  (except  such  sums  as  may  be  appropriated 
for  the  redemption  of  bills  of  credit,  or  treasurer's  notes,  or 
for  the  payment  of  interest  arising  thereon)  but  by  warrant 
under  the  hand  of  the  governor  for  the  time  being,  by  and 
with  the  advice  and  consent  of  the  council,  for  the  necessary 
support  and  defence  of  this  state,  and  for  the  necessary  pro- 
tection and  preservation  of  the  inhabitants  thereof,  agreeably 
to  the  acts  and  resolves  of  the  general  court. 

All  publick  boards,  the  commissary-general,  all  superintend- 
ing officers  of  publick  magazines  and  stores  belonging  to  this 
state,  and  all  commanding  officers  of  forts  and  garrisons 
within  the  same,  shall  once  in  every  three  months,  officially 
and  without  requisition,  and  at  other  times  when  required 
by  the  governor,  deliver  to  him  an  account  of  all  goods, 
stores,  provisions,  ammunition,  cannon,  with  their  appen- 
dages, and  all  small  arms  with  their  accoutrements,  and  of 
all  other  public  property  under  their  care  respectively,  dis- 
tinguishing the  quantity  and  kind  of  each,  as  particularly  as 
may  be,  together  with  the  condition  of  such  forts  and  garri- 
sons ;  and  the  commanding  officer  shall  exhibit  to  the  gov- 
ernor, when  required  by  him,  true  and  exact  plans  of  such 
forts,  and  of  the  land  and  sea,  or  harbour  or  harbours  adja- 
cent. 


1 88  STATE    OF    NEW    HAMPSHIRE. 

The  governor  and  council  shall  be  compensated  for  their 
services,  from  time  to  time,  by  such  grants  as  the  general 
court  shall  think  reasonable. 

Permanent  and  honorable  salaries  shall  be  established  by 
law,  for  the  justices  of  the  superior  court. 

COUNCIL. 

There  shall  be  annually  elected  by  ballot  five  counsellors, 
for  advising  the  governor  in  the  executive  part  of  govern- 
ment. The  freeholders  and  other  inhabitants  in  each  coun- 
ty, qualified  to  vote  for  senators,  shall  some  time  in  the 
month  of  March,  give  in  their  votes  for  one  counsellor ; 
which  votes  shall  be  received,  sorted,  counted,  certified  and 
returned  to  the  secretary's  office,  in  the  same  manner  as  the 
votes  for  senators,  to  be  by  the  secretary  laid  before  the 
senate  and  house  of  representatives  on  the  first  Wednesday 
of  June. 

And  the  person  having  a  majority  of  votes  in  any  county, 
shall  be  considered  as  duly  elected  a  counsellor  ;  but  if  no 
person  shall  have  a  majority  of  votes  in  any  county,  the 
senate  and  house  of  representatives  shall  take  the  names  of 
the  two  persons  who  have  the  highest  number  of  votes  in 
each  county,  and  not  elected,  and  out  of  those  two,  shall 
elect  by  joint  ballot,  the  counsellor  wanted  for  such  county : 
and  the  qualifications  for  counsellors  shall  be  the  same  as 
for  senators. 

If  any  person  thus  chosen  a  counsellor  shall  be  elected 
governor  or  member  of  either  branch  of  the  legislature,  and 
shall  accept  the  trust,  or  if  any  person  elected  a  counsellor, 
shall  refuse  to  accept  the  office,  or  in  case  of  the  death, 
resignation,  or  removal  of  any  counsellor  out  of  the  state, 
the  governor  may  issue  a  precept  for  the  election  of  a  new 
counsellor  in  that  county  where  such  vacancy  shall  happen, 
and  the  choice  shall  be  in  the  same  manner  as  before  direct- 
ed ;  and  the  governor  shall  have  full  power  and  authority  to 
convene  the  council,  from  time  to  time,  at  his  discretion  ; 
and  with  them,  or  the  majority  of  them,  may  and  shall  from 
time  to  time  hold  a  council  for  ordering  and  directing  the 
affairs  of  the  state  according  to  the  laws  of  the  land. 

The  members  of  the  council  may  be  impeached  by  the 
house  and  tried  by  the  senate,  for  bribery,  corruption,  mal- 
practice, or  mal-administration. 


JOURNAL    OF    CONVENTION.  1 89 

The  resolutions  and  advice  of  the  council  shall  be  record- 
ed by  the  secretary  in  a  register,  and  signed  by  all  the  mem- 
bers present  agreeing  thereto  ;  and  this  record  may  be  called 
for  at  any  time  by  either  house  of  the  legislature  ;  and  any 
member  of  the  council  may  enter  his  opinion  contrary  to 
the  resolutions  of  the  majority,  with  the  reasons  for  such 
opinion. 

The  legislature  may,  if  the  publick  good  shall  hereafter  re- 
quire it,  divide  the  state  into  five  districts,  as  nearly  equal 
as  may  be,  governing  themselves  by  the  number  of  rateable 
polls  and  proportion  of  publick  taxes  ;  each  district  to  elect 
a  counsellor :  and  in  case  of  such  division,  the  manner  of 
the  choice  shall  be  conformable  to  the  present  mode  of 
election  in  counties. 

And  whereas  the  elections  appointed  to  be  made  by  this 
constitution  on  the  first  Wednesday  of  June  annually  by  the 
two  houses  of  the  legislature,  may  not  be  completed  on  that 
day,  the  said  elections  may  be  adjourned  from  day  to  day, 
until  the  same  be  completed  ;  and  the  order  of  the  elections 
shall  be  as  follows :  the  vacancies  in  the  senate  (if  any)  shall 
be  first  filled  up  ;  the  governor  shall  then  be  elected,  pro- 
vided there  shall  be  no  choice  of  him  by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  fill  up  the  vacan- 
cy (if  any)  in  the  council. 

SECRETARY,  TREASURER,  COMMISSARY-GENERAL,  &C. 

The  secretary,  treasurer,  and  commissary-general,  shall  be 
chosen  by  joint  ballot  of  the  senators  and  representatives 
assembled  in  one  room. 

The  records  of  the  state  shall  be  kept  in  the  ofifice  of  the 
secretary  ;  and  he  shall  attend  the  governor  and  council,  the 
senate  and  representatives,  in  person  or  by  deputy,  as  they 
may  require. 

The  secretary  of  the  state  shall  at  all  times  have  a  deputy, 
to  be  by  him  appointed  ;  for  whose  conduct  in  office  he  shall 
be  responsible :  and  in  case  of  the  death,  removal,  or  ina- 
bility, of  the  secretary,  his  deputy  shall  exercise  all  the  du- 
ties of  the  office  of  secretary  of  this  state,  until  another  shall 
be  appointed. 

The  secretary  before  he  enters  upon  the  business  of  his 
office,  shall  give  bond  with  sufficient  sureties,  in  a  reasonable 


1 90  STATE    OF   NEW   HAMPSHIRE. 

sum,  for  the  use  of  the  state,  for  the  punctual  performance 
of  his  trust. 

COUNTY  TREASURER,  &C. 

The  county  treasurers  and  registers  of  deeds,  shall  be 
elected  by  the  inhabitants  of  the  several  towns,  in  the  sev- 
eral counties  in  the  state,  according  to  the  method  now 
practised,  and  the  laws  of  the  State. 

Provided  nevertheless,  The  legislature  shall  have  authority 
to  alter  the  manner  of  certifying  the  votes  and  the  mode  of 
electing  those  officers ;  but  not  so  as  to  deprive  the  people  of 
the  right  they  now  have  of  electing  them. 

And  the  legislature,  on  the  application  of  the  major  part 
of  the  inhabitants  of  any  county,  shall  have  authority  to 
divide  the  same  into  two  districts  for  registering  deeds,  if 
to  them  it  shall  appear  necessary;  each  district  to  elect  a 
register  of  deeds  :  and  before  they  enter  upon  the  business 
of  their  offices,  shall  be  respectively  sworn  faithfully  to  dis- 
charge the  duties  thereof,  and  shall  severally  give  bond,  with 
sufficient  sureties,  in  a  reasonable  sum,  for  the  use  of  the 
county,  for  the  punctual  performance  of  their  respective 
trusts. 

JUDICIARY  POWER. 

The  tenure  that  all  commissioned  officers  shall  have  by  law 
in  their  offices,  shall  be  expressed  in  their  respective  commis- 
sions— all  judicial  officers  duly  appointed,  commissioned  and 
sworn,  shall  hold  their  offices  during  good  behaviour,  excepting 
those  concerning  whom  there  is  a  different  provision  made 
in  this  constitution  :  Pi'ovided  7ievertJieless,  the  governor,* 
with  consent  of  counsel,  may  remove  them  upon  the  address 
of  both  houses  of  the  legislature. 

Each  branch  of  the  legislature,  as  well  as  the  governor 
and  council,  shall  have  authority  to  require  the  opinions  of 
the  justices  of  the  superior  court,  upon  important  questions 
of  law  and  upon  solemn  occasions. 

In  order  that  the  people  may  not  suffer  from  the  long 
continuance  in  place  of  any  justice  of  the  peace,  who  shall 
fail  in  discharging  the  important  duties  of  his  office  with 
ability  and  fidelity,  all  commissions  of  justices  of  the  peace 
shall  become  void  at  the  expiration  of  five  years  from  their 

♦This  vi^s president  in  the  original. 


JOURNAL    OF    CONVENTION.  I9I 

respective  dates,  and  upon  the  expiration  of  any  commission 
the  same  may  if  necessary  be  renewed,  or  another  person 
appointed,  as  shall  most  conduce  to  the  well  being  of  the 
state. 

All  causes  of  marriage,  divorce  and  alimony,  and  all 
appeals  from  the  respective  judges  of  probate,  shall  be  heard 
and  tried  by  the  superior  court  until  the  legislature  shall  by 
law  make  other  provision. 

The  general  court  are  empowered  to  give  to  justices  of 
the  peace,  jurisdiction  in  civil  causes,  when  the  damages 
demanded  shall  not  exceed  four  pounds^  and  title  of  real 
estate  is  not  concerned ;  but  with  right  of  appeal  to  either 
party,  to  some  other  court,  so  that  a  trial  by  jury  in  the  last 
resort  may  be  had. 

No  person  shall  hold  the  ofihce  of  judge  of  any  court,  or 
judge  of  probate,  or  sheriff  of  any  county,  after  he  has 
attained  the  age  of  seventy  years. 

No  judge  of  any  court,  or  justice  of  the  peace,  shall  act 
as  attorney,  or  be  of  counsel  to  any  party,  or  originate  any 
civil  suit  in  matters  which  shall  come,  or  be  brought  before 
him  as  judge,  or  justice  of  the  peace. 

All  matters  relating  to  the  probate  of  wills  and  granting 
letters  of  administration,  shall  be  exercised  by  the  judges  of 
probate  in  such  manner  as  the  legislature  have  directed,  or 
may  hereafter  direct  ;  and  the  judges  of  probate  shall  hold 
their  courts  at  such  j^lace  or  places,  on  such  fixed  days,  as 
the  conveniency  of  the  people  may  require,  and  the  legisla- 
ture from  time  to  time  appoint. 

No  judge,  or  register  of  probate,  shall  be  of  counsel,  act 
as  advocate,  or  receive  any  fees  as  advocate  or  counsel,  in 
any  probate  business  which  is  pending,  or  may  be  brought 
into  any  court  of  probate  in  the  county  of  which  he  is  judge 


or  register. 


CLERKS    OF    COURT. 


The  judges  of  the  courts  (those  of  probate  excepted)  shall 
appoint  their  resj^ective  clerks,  to  hold  their  office  during 
pleasure :  and  no  such  clerk  shall  act  as  an  attorney,  or  be 
of  counsel  in  any  cause  in  the  court  of  which  he  is  clerk, 
nor  shall  he  draw  any  writ  originating  a  civil  action. 


192  STATE    OF    NEW    HAMPSHIRE. 

ENCOURAGEMENT  OF  LITERATURE,  &c. 

Knowledge  and  learning,  generally  diffused  through  a 
community,  being  essential  to  the  preservation  of  a  free 
government ;  and  spreading  the  opportunities  and  advan- 
tages of  education  through  the  various  parts  of  the  country, 
being  highly  conducive  to  promote  this  end  ;  it  shall  be  the 
duty  of  the  legislators  and  magistrates,  in  all  future  periods 
of  this  government,  to  cherish  the  interest  of  literature  and 
the  sciences,  and  all  seminaries  and  publick  schools  ;  to  en- 
courage private  and  publick  institutions,  rewards  and  immu- 
nities for  the  promotion  of  agriculture,  arts,  sciences,  com- 
merce, trades,  manufactures,  and  natural  history  of  the 
country  ;  to  countenance  and  inculcate  the  principles  of  hu- 
manity and  general  benevolence,  publick  and  private  charity, 
industry  and  economy,  honesty  and  punctuality,  sincerity, 
sobriety,  and  all  social  affections,  and  generous  sentiments, 
among  the  people. 

OATH  AND  SUBSCRIPTIONS  ;  EXCLUSION  FROM  OFFICES  ;  COMMISSIONS  ; 
WRITS  :  CONFIRMATION  OF  LAWS  ;  HABEAS  CORPUS  ;  THE  ENACTING 
STILE  ;  CONTINUANCE  OF  OFFICERS  ;  PROVISION  FOR  A  FUTURE  REVI- 
SION  OF    THE   CONSTITUTION,   &C. 

Any  person  chosen  governor,  counsellor,  senator,  or  rep- 
resentative, military  or  civil  officer,  (town  officers  excepted) 
accepting  the  trust,  shall,  before  he  proceeds  to  execute  the 
duties  of  his  office,  make  and  subscribe  the  following  decla- 
ration, viz. 

I,  A.  B.,  do  solemnly,  swear,  that  I  will  bear  faith  and  true 
allegiance  to  the  State  of  New-Hampshire,  and  will  support 
the  constitution  thereof.     So  Jielp  nie  God. 

I,  A.  B.,  do  solemnly  and  sincerely  swear  and  affirm,  that 
I  will  faithfully  and  impartially  discharge  and  perform  all  the 
duties  incumbent  on  me  as  according  to  the  best  of 

my  abilities,  agreeably  to  the  rules  and  regulations  of  this 
constitution,  and  the  laws  of  the  State  of  New-Hampshire. 
So  help  me  God. 

Any  person  having  taken  and  subscribed  the  oath  of  alle- 
giance, and  the  same  being  filed  in  the  secretary's  office,  he 
shall  not  be  obliged  to  take  said  oath  again. 

Provided  ahvays,  When  any  person  chosen  or  appointed 
as  aforesaid,  shall  be  of  the  denomination  called  quakers,  or 


JOURNAL    OF    CONVENTION.  I93 

shall  be  scrupulous  of  swearing,  and  shall  decline  taking  the 
said  oaths,  such  persons  shall  take  and  subscribe  them,  omit- 
ting the  word  swear,  and  likewise  the  words  so  help  me  God, 
subjoining  instead  thereof,  tJiis  I  do  tmder  ike  pains  afid pen- 
alties of  perjury. 

And  the  oaths  or  affirmations  shall  be  taken  and  subscrib- 
ed by  the  governor,  before  the  president  of  the  senate,  in 
presence  of  both  houses  of  the  legislature,  and  by  the  sena- 
tors and  representatives  first  elected  under  this  constitution, 
as  altered  and  amended,  before  the  president  of  the  state, 
and  a  majority  of  the  council  then  in  office,  and  forever  af- 
terwards before  the  governor  and  council  for  the  time  being  ; 
and  by  all  other  officers,  before  such  persons  and  in  such 
manner  as  the  legislature  shall  from  time  to  time  appoint. 

All  commissions  shall  be  in  the  name  of  the  State  of  New- 
Hampshire,  signed  by  the  governor  and  attested  by  the  sec- 
retary, or  his  deputy,  and  shall  have  the  great  seal  of  the 
state  affixed  thereto. 

All  writs  issuing  out  of  the  clerk's  office  in  any  of  the 
courts  of  law,  shall  be  in  the  name  of  the  State  of  New- 
Hampshire  ;  shall  be  under  the  seal  of  the  court  whence 
they  issue,  and  bear  test  of  the  chief,  first,  or  senior  justice 
of  the  court;  but  when  such  justice  shall  be  interested,  then 
the  writ  shall  bear  test  of  some  other  justice  of  the  court  to 
which  the  same  shall  be  returnable  ;  and  be  signed  by  the 
clerk  of  such  court. 

All  indictments,  presentments,  and  informations,  shall 
conclude,  against  the  peace  and  dignity  of  the  state. 

The  estates  of  such  persons  as  may  destroy  their  own 
lives,  shall  not  for  that  offence  be  forfeited,  but  descend  or 
ascend  in  the  same  manner  as  if  such  persons  had  died  in  a 
natural  way ;  nor  shall  any  article  which  shall  accidentally 
occasion  the  death  of  any  person,  be  henceforth  deemed  a 
deodand,  or  in  any  wise  forfeited  on  account  of  such  misfor- 
tune. 

All  the  laws  which  have  heretofore  been  adopted,  used  and 
approved,  in  the  province,  colony,  or  State  of  New-Hamp- 
shire, and  usually  practised  on  in  the  courts  of  law,  shall 
remain  and  be  in  full  force  until  altered  and  repealed  by  the 

legislature ;  such  parts  thereof  only  excepted,  as  are  repug- 

10 
o 


194  STATE    OF    NEW    HAMPSHIRE. 

nant  to  the  rights  and  liberties  contained  in  this  constitu- 
tion ;  provided  that  nothing  herein  contained,  when  com- 
pared with  the  23d  article  in  the  bill  of  rights,  shall  be  con- 
strued to  affect  the  laws  already  made  respecting  the  per- 
sons, or  estates,  of  absentees. 

The  privilege  and  benefit  of  the  habeas  corpus,  shall  be 
enjoyed  in  this  state,  in  the  most  free,  easy,  cheap,  expedi- 
tious, and  ample  manner,  and  shall  not  be  suspended  by  the 
legislature,  except  upon  the  most  urgent  and  pressing  occa- 
sions, and  for  a  time  not  exceeding  three  months. 

The  enacting  stile  in  making  and  passing  acts,  statutes, 
and  laws,  shall  be — Be  it  enacted  by  the  senate  and  house  of 
representatives,  in  general  conrt  convened. 

No  governor,  or  judge  of  the  supreme  judicial  court  shall 
hold  any  office  or  place  under  the  authority  of  this  state,  ex- 
cept such  as  by  this  constitution  they  are  admitted  to  hold, 
saving  that  the  judges  of  the  said  court  may  hold  the  office* 
of  justice  of  the  peace  throughout  the  state  ;  nor  shall  they 
hold  any  place  or  office,  or  receive  any  pension  or  salary, 
from  any  other  state,  government,  or  power  whatever. 

No  person  shall  be  capable  of  exercising  at  the  same  time 
more  than  one  of  the  following  offices  within  this  state,  viz. 
judge  of  probate,  sheriff,  register  of  deeds ;  and  never  more 
than  two  offices  of  profit,  which  may  be  held  by  appointment 
of  the  governor,  or  governor  and  council,  or  senate  and 
house  of  representatives,  or  superior  or  inferior  courts  ;  mil- 
itary offices  and  offices  of  justices  of  the  peace  excepted. 

No  person  holding  the  office  of  judge  of  any  court  (except 
special  judges,)  secretary,  treasurer  of  the  state,  attorney- 
general,  commissary-general,  military  officers  receiving  pay 
from  the  continent  of  this  state  (excepting  officers  of  the 
militia,  occasionally  called  forth  on  an  emergency)  register 
of  deeds,  sheriff,  or  officers  of  the  customs,  including  naval 
officers,  collectors  of  excise  and  state  and  continental  taxes, 
hereafter  appointed  and  not  having  settled  their  accounts 
with  the  respective  officers  with  whom  it  is  their  duty  to 
settle  such  accounts,  members  of  congress,  or  any  person 
holding  any  office  under  the  United  States,  shall  at  the  same 
time  hold  the  office  of  governor,  or  have  a  seat  in  the  senate, 

*  In  the  original,  offices. 


JOURNAL    OF    CONVENTION.  I95 

or  house  of  representatives,  or  council ;  but  his  being  chosen 
and  appointed  to,  and  accepting  the  same,  shall  operate  as 
a  resignation  of  their  seat  in  the  chair,  senate,  or  house  of 
representatives,  or  council ;  and  the  place  so  vacated  shall 
be  filled  up.  No  member  of  the  council  shall  have  a  seat  in 
the  senate  or  house  of  representatives. 

No  person  shall  ever  be  admitted  to  hold  a  seat  in  the  leg- 
islature, or  any  office  of  trust  or  importance,  under  this  gov- 
ernment, who  in  the  due  course  of  law  has  been  convicted 
of  bribery  or  corruption  in  obtaining  an  election  or  appoint- 
ment. 

In  all  cases  where  sums  of  money  are  mentioned  in  this 
constitution,  the  value  thereof  shall  be  computed  in  silver  at 
six  shillings  and  eight  pence  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  justice,  or  dan- 
ger to  the  state  by  the  alterations  and  amendments  made  in 
the  constitution,  the  general  court  is  hereby  fully  authorized 
and  directed  to  fix  the  time  when  the  alterations  and  amend- 
ments shall  take  effect,  and  make  the  necessary  arrange- 
ments accordingly.* 

It  shall  be  the  duty  of  the  selectmen  and  assessors,  of  the 
several  towns  and  places  in  this  state,  in  warning  the  first 
annual  meetings  for  the  choice  of  senators,  after  the  expira- 
tion of  seven  years  from  the  adoption  of  this  constitution  as 
amended,  to  insert  expressly  in  the  warrant,  this  purpose 
among  the  others  for  the  meeting,  to  wit,  to  take  the  sense 
of  the  qualified  voters  on  the  subject  of  a  revision  of  the  con- 
stitution ;  and  the  meeting  being  warned  accordingly  (and 
not  otherwise)  the  moderator  shall  take  the  sense  of  the  qual- 
ified voters  present,  as  to  the  necessity  of  a  revision ;  and  a 
return  of  the  number  of  votes  for  and  against  such  necessity, 
shall  be  made  by  the  clerk,  sealed  up  and  directed  to  the 
general  court,  at  their  then  next  session ;  and  if  it  shall  ap- 
pear to  the  general  court  by  such  return,  that  the  sense  of 
the  people  of  the  state  has  been  taken,  and  that  in  the  opin- 
ion of  the  majority  of  the  qualified  voters  in  the  state,  pres- 
ent and  voting  at  said  meetings,  there  is  a  necessity  for  a 
revision  of  the  constitution,  it  shall  be  the  duty  of  the  gen- 
eral court  to  call  a  convention  for  that  purpose,  otherwise 
the  general  court  shall  direct  the  sense  of  the  people  to  be 

*  Sec  Act  of  14th  Dec,  1792. 


196  STATE   OF   NEW   HAMPSHIRE. 

taken,  and  then  proceed  in  the  manner  before  mentioned. 
The  delegates  to  be  chosen  in  the  same  manner,  and  propor- 
tioned as  the  representatives  to  the  general  court ;  provided 
that  no  alterations  shall  be  made  in  this  constitution,  before 
the  same  shall  be  laid  before  the  towns  and  unincorporated 
places,  and  approved  by  two  thirds  of  the  qualified  voters 
present  and  voting  on  the  subject. 

And  the  same  methods  of  taking  the  sense  of  the  people, 
as  to  a  revision  of  the  constitution,  and  calling  a  convention 
for  that  purpose,  shall  be  observed  afterwards,  at  the  expira- 
tion of  every  seven  years. 

This  form  of  government  shall  be  enrolled  on  parchment, 
and  deposited  in  the  secretary's  office,  and  be  a  part  of  the 
laws  of  the  land  :  and  printed  copies  thereof  shall  be  pre- 
fixed to  the  books  containing  the  laws  of  this  state,  in  all 
future  editions  thereof. 


THE  CONTROVERSY 


BETWEEN 


NEW  HAMPSHIRE,  NEW  YORK,  AND  VERMONT, 


RELATING  TO  THE 


i( 


NEW  HAMPSHIRE   GRANTS" 

(so  called) 

FROM  1749  TO  1791; 

INCLUDING  THE  TROUBLES   IN  BORDER 

TOWNS  ON  BOTH  SIDES  OF  THE 

CONNECTICUT   RIVER. 


[Pages  in  the  margin  correspond  with   the  originals  on  file,  of  New 

Hampshire  papers.] 


NOTES  BY  THE  EDITOR. 


The  several  papers  and  documents  which  follow  in  this  volume,  relat- 
ing to  the  great  controversy  in  which  New  Hampshire  was  involved, 
with  New  York  and  Vermont,  through  a  period  of  more  than  forty  years, 
were  chiefly  copied  from  a  manuscript  volume  in  the  office  of  the  Secre- 
tary of  State,  N.  H.,  as  they  were  filed  and  arranged  by  the  late  John 
Farmer,  Esq.,  under  authority  of  the  legislature.  The  order  in  which 
these  papers  were  arranged  has  ordinarily  been  followed  by  the  editor. 
They  have  never  before  been  published,  by  authority.*  Other  official 
papers  and  documents,  from  New  York  and  Vermont,  have  been  intro- 
duced, as  judged  expedient,  to  elucidate  or  confirm  our  own  ;  or  to  form 
connecting  links  in  the  history,  which  otherwise  might  be  obscure. 
The  editor  has  also  added  notes  and  marginal  references  as  helpful  to 
readers. 

It  is  well  to  bear  in  mind  that  these  papers  and  documents  are  07t  the 
New  Hampshire  side  of  the  controversy ;  and  that  a  full,  authentic,  and 
complete  history  of  the  affair  can  be  gathered  only  from  like  papers 
and  documents  which  belong  to  the  other  states  involved.  The  New 
York  documents  are  mostly  published,  it  is  believed,  in  the  Colonial 
Documentary  History  of  that  state — now  in  our  state  library — and  may 
be  found  by  reference  to  the  General  Index,  under  the  head  of  "New 
Hampshire"  and  "New  Hampshire  Grants,"  &c.  The  Vermont  papers 
are  very  copious,  and  may  be  found  in  Slade's  Vermont  State  Papers, 
1823  ;  in  Records  of  Governor  &  Council,  Ver.,  vols.  I  and  II ;  in  Coll. 
of  Ver.  Hist.  Soc,  vols.  I  and  II ;  and  in  current  histories  of  Vermont, 
by  Samuel  Williams,  d.  d.,  Hiland  Hall,  and  Benjamin  H.  Hall. 


In  order  to  give  distinctness,  and  to  mark  the  progress  of  the  long 
controversy  in  which  New  Hampshire  was  involved,  in  relation  to  the 
abovesaid  Grants  ;  and  also  to  the  troubles  and  conflicts  on  border  towns 
lying  east  and  west  of  Connecticut  river,  the  editor  has  thought  proper 
to  arrange  the  documents  relating  to  these  several  matters,  as  they  oc- 
curred, under  distinct  Sections,  as  in  the  following  pages. 

*The  late  Capt.  Wm.  F.  Goodwin  made  a  copy  of  these  papers,  privately,  in  full  or  in 
part,  and  they  were  printed  in  successive  numbers  of  the  Historical  Magazine ,  1872,  pub- 
lished by  Henry  B.  Dawson,  Morrisania,  N.  Y. — Ed. 


SECTION    I. 


Controversy  with  New  York  in  Relation  to  Bound- 
aries. 


CORRESPONDENCE. 

[Copied  from  Vermont  State  Papers,  by  William  Slade,  jun.,   1823, 

pp.  10-17.] 


[Note.  The  Correspondence  at  this  time  between  the  governors  of 
New  Hampshire  and  New  York  was  had  with  a  view  of  ascertaining  and 
settling  the  western  line  of  jurisdiction  of  the  province  of  New  Hamp- 
shire.— y.  Farmer.'] 

Letter  from  Gov.  Bennmg   WentzvortJi  to  the  Governor  of 

New  York. 

Portsmouth,  Nov.  17,  1749. 
Sir — 

I  have  it  in  command  from  his  Majesty,  to  make  grants 
of  the  unimproved  lands  within  my  government,  to  such  of 
the  inhabitants  and  others  as  shall  apply  for  grants  for  the 
same,  as  will  oblige  themselves  to  settle  and  improve,  agree- 
able to  his  Majesty's  Instructions. 

The  war  hitherto  has  prevented  me  from  making  so  great 
a  progress  as  I  hoped  for,  on  my  first  appointment ;  but  as 
there  is  a  prospect  of  a  lasting  peace  with  the  Indians,  in 
which  your  Excellency  has  had  a  great  share,  people  are 
daily  applying  for  grants  of  land  in  all  quarters  of  this  gov- 
ernment, and  particularly  some  for  townships  to  be  laid  out 
in  the  western  part  thereof,  which  will  fall  in  the  neighbor- 
hood of  your  government.  I  think  it  my  duty  to  apprise 
you  thereof,  and  to  transmit  to  your  Excellency  the  descrip- 
tion of  New  Hampshire,  as  the  King  has  determined  it  in 
the  words  of  my  commission  ;  which,  after  you  have  con- 
sidered, I  shall  be  glad  you  will  be  pleased  to  give  me  your 


200  NEW    HAMPSHIRE    GRANTS. 

sentiments  in  what  manner  it  will  affect  the  grants  made 
by  you  or  preceding  Governors ;  it  being  my  intention  to 
avoid,  as  much  as  I  can,  consistent  with  his  Majesty's  in- 
structions, interfering  with  your  government. 

In  consequence  of  His  Majesty's  determination  of  the 
boundaries  between  New  Hampshire  and  Massachusetts,  a 
surveyor  and  proper  chainmen  were  appointed  to  run  the 
western  line  from  three  miles  north  of  Patucket  Falls ;  and 
the  surveyor,  upon  oath,  has  declared  that  it  strikes  Hud- 
son's River  about  eighty  poles  north  of  where  Mohawk's 
River  comes  into  Hudson's  River,  which  I  presume  is  north 
of  the  city  of  Albany ;  for  which  reason  it  will  be  necessary 
for  me  to  be  informed,  how  far  north  of  Albany  the  govern- 
ment of  New  York  extends  by  His  Majesty's  commission 
to  your  Excellency,  and  how  many  miles  to  the  eastward  of 
Hudson's  River,  to  the  northward  of  the  Massachusetts 
line,  that  I  may  govern  myself  accordingly.  And  if,  in  the 
execution  of  the  King's  commands  with  respect  to  the  lands, 
I  can  oblige  any  of  your  Excellency's  friends,  I  am  always 

at  your  service. 1  am,  with  the  greatest  respect.   Sir, 

your  Excellency's  most  obedient  humble  servant. 

B.  Wentworth. 


Minutes  of  the  Cotmcil  of  Nezv  York. 

Council   Chamber,  City  of  New  York,  April   3d,  1750. 

His  Excellency  communicated  to  the  Board  a  letter 
from  the  Hon.  Benning  Wentworth,  Esq.  Governor  of 
New  Hampshire,  dated  the  17th  November  last,  acquaint- 
ing his  Excellency,  that  he  has  it  in  command  from  his 
Majesty,  to  make  grants  of  the  unimproved  lands  in  New 
Hampshire  government,  and  therefore  desiring  information, 
how  far  north  of  Albany  this  Province  extends,  and  how 
many  miles  to  the  eastward  of  Hudson's  River,  to  the  north- 
ward of  the  Massachusetts  line,  that  he  may  govern  himself 
accordingly.  Also  an  extract  of  his  Majesty's  letters  patent 
to  Governor  Wentworth  respecting  the  boundaries  of  New 
Hampshire.*  And  his  Excellency  having  required  the  ad- 
vice of  the  Board  thereupon,  the  council  humbly  advised 
his  Excellency  to  acquaint  Governor  Wentworth,  in  answer 
to  his  said  letter,  that  this  province  is  bounded  eastward  by 

*Sec  Commission  of  Gov.  B.  Wentworth,  Prov.  Pap.,  Vol.  VI,  pp.  90S,  909. — Ed. 


CONTROVERSY   WITH   NEW   YORK.  201 

Connecticut  River;  the  letters  patent  from  King  Charles 
II.  to  the  Duke  of  York,  expressly  granting  'all  the  lands 
from  the  west  side  of  Connecticut  River  to  the  east  side  of 
Delaware  Bay.' 

N.  B.  The  above  resolve  was  communicated  to  Governor 
Wentworth  in  a  letter,  dated  April  9^^  1750,  by  G.  Clinton, 
Governor  of  New  York.* 


Letter  from     Gov.    Benni7ig    Wentworth   to    Gov.    George 

Clint  071. 

Portsmouth,  April  25,  1750. 
Sir — 

I  have  the  honour  of  your  Excellency's  letter  of  the  9*^ 
instant  before  me,  in  which  you  are  pleased  to  give  me  the 
opinion  of  his  Majesty's  Council  of  your  government,  that 
Connecticut  River  is  the  eastern  boundary  of  New  York 
government ; — which  would  have  been  entirely  satisfactory 
to  me  on  the  subject  of  my  letter,  had  not  the  two  charter 
governments  of  Connecticut  and  Massachusetts-Bay  extend- 
ed their  bounds  many  miles  to  the  westward  of  said  river; 
and  it  being  the  opinion  of  his  Majesty's  Council  of  this 
government,  whose  advice  I  am  to  take  on  these  occasions, 
that  New  Hampshire  had  an  equal  right  to  claim  the  same 
extent  of  western  boundaries  with  those  charter  govern- 
ments :  I  had,  in  consequence  of  their  advice,  before  your 
letter  came  to  my  hands,  granted  one  township  due  north 
of  the  Massachusetts  line,  of  the  contents  of  six  miles 
square,  and  by  measurement  twenty-four  miles  east  of  the 
city  of  Albany ;  presuming  that  this  government  was 
bounded  by  the  same  north  and  south  line  with  Connecti- 
cut and  the  Massachusetts-Bay,  before  it  met  with  his 
Majesty's  other  governments.  Although  I  am  prohibited 
by  his  Majesty's  commission  to  interfere  with  his  other 
governments,  yet  it  is  presumed  that  I  should  strictly  ad- 
here to  the  limits  prescribed  therein ;  and  I  assure  you  that 
I  am  very  far  from  desiring  to  make  the  least  encroachment 
or  set  on  foot  any  dispute  on  these  points.  It  will  therefore 
give  me  great  satisfaction,  if  at  your  leisure,  you  can  inform 


*  George  Clinton,  governor  of  the  province  of  New  York  at  this  time,  received  his  appoint- 
ent  in  1743.  He  was  the  j'oungest  son  of  Francis  Clinton,  the  Earl  of  Lincoln.  His  admin- 
tration,  attended  with  much  turbulence,  continued  ten  years,  or  till  Oct.,  1753. — Ed. 


ment 
istration 


202  NEW   HAMPSHIRE    GRANTS. 

me,  by  what  authority  Connecticut  and  the  Massachusetts 
governments  claimed  so  far  to  the  westward  as  they  have 
settled ;  and  in  the  mean  time  I  shall  desist  from  making 
any  further  grants  on  the  western  frontier  of  my  govern- 
ment, that  may  have   the  least  probability  of  interfering 

with  your  government. 1  am,  with  great  respect.   Sir, 

your  Excellency's  most  obedient  humble  servant. 

B.  Wentworth. 


Letter  from  Gov.  Clinton  to  Gov.  Wentzvorth. 

June  6*^  1750. 
Sir — 

I  have  received  your  letter  of  the  25^'^  April  last,  in 
answer  to  mine  of  the  9*^  of  the  same  month,  respecting 
the  eastern  boundary  of  this  province,  wherein  you  desire 
to  be  informed  by  what  authority  Connecticut  and  the 
Massachusetts  governments  claim  so  far  to  the  westward 
as  they  have  settled. 

As  to  Connecticut,  their  claim  is  founded  upon  an  agree- 
ment with  this  government,  in  or  about  the  year  1684, 
afterwards  confirmed  by  King  William,  in  consequence  of 
which  the  lines  between  the  two  governments  were  run, 
and  the  boundaries  marked  in  the  year  1725,  as  appears  by 
the  commissioners  and  surveyors  proceedings,  of  record 
here.  But  it  is  presumed  the  Massachusetts  government, 
at  first,  possessed  themselves  of  those  lands  by  intrusion, 
and  through  the  negligence  of  this  government  have  hither- 
to continued  their  possession,  the  lands  not  being  private 
property. 

From  the  information  I  have,  there  is  reason  to  appre- 
hend that  the  lands  within  the  township  you  have  lately 
granted,  or  part  of  them,  have  been  granted  here :  And  as 
my  answer  to  your  letter  might  probably  have  furnished 
you  with  objections  against  any  grant  which  might  interfere 
with  this  province,  I  am  surprised  you  did  not  wait  till  it 
came  to  hand,  before  you  proceeded  therein.  If  it  is  still  in 
your  power  to  recall  the  grant,  your  doing  so  will  be  but  a 
piece  of  justice  to  this  government :  otherwise  I  shall  think 
myself  obliged  to  send  a  representation  of  the  matter  to  be 
laid  before  his  Majesty. 

I  am,  &c.,  


CONTROVERSY    WITH    NEW    YORK.  203 

Letter  from  Gov.   Wentworth  to  Gov.  Clinton. 

Portsmouth,  June  22^\  1750. 
Sir — 

As  soon  as  your  letter  of  the  6^^  inst.  came  to  my  hands, 
I  thought  it  proper  to  have  the  sense  of  his  Majesty's 
Council  thereon,  who  were  unanimously  of  the  opinion,  not 
to  commence  a  dispute  with  your  Excellency's  government 
respecting  the  extent  of  the  western  boundary  to  New 
Hampshire,  until  his  Majesty's  pleasure  should  be  further 
known ;  accordingly  the  council  have  advised,  that  I  shall, 
on  the  part  of  New  Hampshire,  make  a  representation  of 
the  matter  to  his  Majesty,  relying  that  your  Excellency  will 
do  the  same  on  the  part  of  New  York ;  and  that  whatever 
shall  be  determined  thereon,  this  government  will  esteem  it 
their  duty  to  acquiesce  in,  without  any  farther  dispute, 
which  I  am  hoping  will  be  satisfactory  on  that  point. 

When  I  first  wrote  you  on  this  subject,  I  thought  I  had 
given  sufficient  time  to  receive  an  answer  to  my  letter,  be- 
fore I  had  fixed  the  day  for  passing  the  grant  referred  to  in 
your  letter ;  and  as  the  persons  concerned  therein  lived  at  a 
great  distance,  it  was  inconvenient  for  them  to  be  delayed 
beyond  the  appointed  time :  I  was  not  apprehensive  any 
difficulty  could  arise  by  confining  myself  to  the  western 
boundaries  of  the  two  charter-governments ;  accordingly  I 
passed  the  patent  about  ten  days  before  your  favor  of  the 
9*^  of  April,  1750,  came  to  hand.  There  is  no  possibility  of 
vacating  the  grant  as  you  desire ;  but  if  it  falls  by  his 
Majesty's  determination  in  the  government  of  New  York, 
it  will  be  void  of  course.  I  shall  be  glad  the  method  I  have 
proposed  may  be  agreeable  to  your  province ;  and  if  sub- 
mitting the  affair  to  his  Majesty  meets  with  your  approba- 
tion, I  shall,  upon  receiving  an  answer,  lose  no  time  in 
transmitting  what  concerns  this  province  to  the  proper 
offices. 

I  am  with  the  greatest  respect.   Sir,  your  Excellency's 
most  obedient  humble  servant. 

B.  Wentworth. 


Letter  from  Gov.  Clinton  to  Gov.   Wentworth. 

New  York,  July  25"\  1750. 
Sir — 

I  have  taken  the  sense  of  his  Majesty's  Council  on  your 


204  NEW   HAMPSHIRE    GRANTS. 

Excellency's  letter  of  the  22*^  ult.  respecting  the  extent  of 
the  western  boundary  of  your  government,  who  think  it 
highly  expedient  I  should  lay  before  his  Majesty  a  repre- 
sentation of  the  matter  on  the  part  of  this  province ;  and  as 
you  propose  to  do  the  like  on  the  part  of  New  Hampshire, 
they  are  of  opinion  it  will  be  for  the  mutual  advantage  of 
both  governments,  if  we  exchange  copies  of  each  others 
representation  on  this  head.  If  you  approve  of  this,  I  will 
send  you  a  copy  of  mine  accordingly. 

I  am,  &c.  


Bennington Jan.     3 

Halifax May  1 1 

Marlborougli,  now  New  Marlborough ^  April  19 

"  "  Regranted ^  April  17 

Draper,  formerly  Wilmington \  April  29 

"  "  Regranted ^  June   17 

Westminster Nov.    9 

Rockingham Dec.  28 

Woodford Mar.    6 

New  Stampford,  formerly  Stampford Mar.    6 

Townsend June  20 

Hinsdale Sept.    5 

Brattleborough Dec.  26 

Fulham Dec.  26 

Putney Dec.  26 

Hampstead,  alias  Chester ^  Feb.  22 

"  "      Regranted ^  Nov.    3 

Guilford April    2 

Thomlinson ^  April    6 

' '  Regranted I  Sept.    i 

Pownall Jan.    8 

Hartford July    4 

Norwich July    4 

Saltash July    6 

Reading July    6 

Windsor July    6 

Killington July    7 

Pomfret July    8 

Hertford , July  10 

Woodstock July  10 

Bridgewater July  10 

Bernard July  17 


*  The  list  here  given  is  copied  fi-om  Blade's  "  State  Papers  "  on  the  controversy  with  New 
York,  &c., — pp.  13-16, — and  is  believed  to  be  correct. — Ed. 


CONTROVERSY   WITH    NEW   YORK.  205 

Names  of  Toxunships .  Date  of  the  Grants. 

Stockbridge July  21,  1761 

Arlington July  28,  1761 

Sunderland July  29,  1761 

Manchester Aug.  1 1 ,  1761 

Sandgate Aug.  11,  1761 

Thetford Aug.  12,  1761 

Strafford Aug.  12,  1761 

Sharon Aug.  17,  1761 

Springfield Aug,  20,  1761 

Weathersfield Aug.  20,  1761 

Dorset Aug.  20,  1 761 

Rupert Aug.  20,  1761 

Shaftsbury Aug.  20,  1761 

Glassenburg Aug.  20,  1761 

Pawlet Aug.  26,  1761 

Danby Aug.  27,  1761 

Harwicke Aug.  28,  1761 

Tunbridge Sept.    3,  1761 

Shrewsbury Sept.    4,  1761 

Clarendon. , Sept.    5,  1761 

Rutland Sept.    7,  1761 

Fairley Sept.    9,  1761 

Tinmouth Sept.  15,  1761 

Winhall Sept.  15,  1761 

Wells Sept.  15,  1761 

Ludlow Sept.  16,  1761 

Poultney Sept.  21,  1761 

Castleton Sept.  22,  1761 

Shoreham Oct.    8,  1761 

Bredport Oct.    9,  1761 

Guildhall Oct.  10,  1761 

Granby Oct.  10,  1761 

Cavendish Oct.  12,  1761 

Maidstone Oct.  12,  1761 

Ferdinand Oct.  13,  1761 

Brunswick Oct.  13,  1761 

Winlock Oct.  13,  1761 

Bromley Oct.  13,  1761 

Andover Oct.  13,  1761 

Addison Oct.  14,  1761 

Cornwall Oct.  14,  1761 

Leicester Oct.  20,  1761 

Middleborough Nov.    2,  1761 

New  Haven Nov.    2,  1761 

Salisbury : Nov.    3,  1761 

Weybridge Nov.    3,  1761 

Fane,  now  New-Fane Nov.    3,  1761 

Wallingford Nov.  27,  1761 

Hindsborough June  21,  1762 

Ferisbourg June  24,  1762 

Monckton June  24,  1762 

Charlotte June  24,  1762 

Pocock June  26,  1762 


206  NEW   HAMPSHIRE    GRANTS. 

JVa»ies  of  Tozvtiships.  Date  of  the  Grants, 

Minehead June  29, 

Lewis June  29, 

Lemington June  29, 

Averill June  29, 

Neshobe Oct.  20, 

Newbury May  18, 

Colchester June    7, 

(Name  obliterated) June    7, 

Bolton June    7, 

AYaterbury June    7, 

Burlington June    7, 

Williston June    7, 

New  Huntington June    7, 

Duxbury June    7, 

Moreton June    7, 

Berlin June    7, 

Jericho June    8, 

Middlesex June    8, 

Milton June    8, 

Westford June    8, 

Underbill June    8, 

Mansfield June    8, 

Stow June    8, 

Worster June    8, 

Topsham June  17, 

Lunenburgh July    5 , 

Sudbury Aug.    6, 

Whiting Aug.    6, 

Orwell Aug.    8, 

St.  Albans Aug.  17, 

Swanton Aug.  17, 

Highgate Aug.  17, 

Georgia Aug.  17, 

Fairfax Aug.  18, 

Fairfield Aug.  18, 

Smithfield Aug.  18, 

Hungerford Aug.  18, 

St.  George Aug.  18, 

Shelburne Aug.  18, 

Ryegate Sept.    8, 

Barnet. Sept.  16, 

Peacham Dec.  31, 

Corinth Feb.    4, 

Dunbar June  15, 

Hubberton June  15, 

Pittsford June  15, 

Panton Nov.    3, 

Lintfield Aug.    4, 


CONTROVERSY    WITH    NEW    YORK.  20/ 

Grants  were  also  made  to  the  following  officers,  agreeable  to  his 
Majesty's  Proclamation  of  the  y^^  October,  1763  : 

Capt.  Rob.  Rogers 3000  Acres July    4,  1764 

Lieut.  Jas.  Tate 2000 July    4,  1764 

Lieut.  P.  Brown 2000 July    4,  1764 

Lieut.  Step.  Holland 2000 July    4,  1 764 

Lieut.  And.  Philips 2000 Aug.  11,  1764 

Capt.  Nath.  Whiting 3000 

To  arrest  the  proceedings  of  New  Hampshire,  Mr.  Golden,  Lieuten- 
ant Governor  of  New  York,  on  the  28'^  of  December,  1763,  issued  a 
Proclamation,  "commanding  the  sheriff  of  the  County  of  Albany  to 
make  a  return  of  the  names  of  all  persons  who  had  taken  possession  of 
lands  under  New  Hampshire  Grants  ;  and  claiming  jurisdiction  as  far 
east  as  Connecticut  river,"  by  virtue  of  a  grant  to  the  Duke  of  York  ; — 
of  which  Grant  the  following  is  an  extract  [as  given  in  the  "  Slade  State 
Papers,"  pp.  16,  17]  : 

CHARLES  the  Second,  by  the  Grace  of  God,  King  of  England, 
Scotland,  France  and  Ireland,  Defender  of  the  Faith,  &c.  To  all  to 
whom  these  presents  shall  come,  greeting :  Know  ye,  that  we,  for 
divers  good  causes  and  considerations,  have,  of  our  especial  grace,  cer- 
tain knowledge  and  mere  motion,  given  and  granted,  and  by  these 
presents,  for  us,  our  heirs  and  successors,  do  give  and  grant  unto  our 
dearest  brother,  James,  Duke  of  York,  his  heirs  and  assigns,  all  that 
part  of  the  main  land  of  New  England,  beginning  at  a  certain  place, 
called  or  known  by  the  name  of  St.  Croix,  next  adjoining  to  A^eta  Scot- 
land, in  A7nerica,  and  from  thence  extending  along  the  Sea-coast,  unto 
a  certain  place  called  Petuaguine  or  Pemaquid,  and  so  up  the  river 
thereof  to  the  furtherest  head  of  the  same,  as  it  tendeth  northwards ; 
and  extending  from  the  river  of  Kinebeque,  and  so  upwards,  by  the 
shortest  course  of  the  river  Canada,  northwards  :  And  all  that  island  or 
islands,  commonly  called  by  the  several  name  or  names  of  Matowacks 
or  Lo)ig  Island,  situate  and  being  towards  the  west  of  Cape  Cod,  and 
the  Narj'oixJ  Highgansetts,  abutting  upon  the  main  land,  between  the 
two  rivers  there,  called  or  known  by  the  several  names  of  Connecticut 
and  HudsoiCs  River,  together  with  the  said  River,  called  Hudson'^s,  and 
all  the  lands  from  the  west  side  of  Connecticut  river,  to  the  east  side 
oi Delaware  Bay;  and  also,  all  those  several  Islands,  called  or  known 
by  the  names  of  Martin''s  Vineyard,  and  Nantiickes,  otherways  N'ati- 
tncket ',  together  with  all,  &c.  Dated  the  twenty-ninth  day  of  June,  in 
the  twenty-sixth  year  of  the  reign  of  King  Charles  the  Second." 


[Note.  Upon  the  issue  of  the  abovesaid  proclamation  and  claim  of 
territory,  by  virtue  of  said  grant  to  the  Duke  of  York,  Gov.  Penning 
Wentworth,  of  New  Hampshire,  sent  forth  a  proclamation  designed  to 
counteract  the  influence  of  the  former,  and  to  inspire  the  grantees  of 
the  new  townships  with  confidence  in  the  validity  of  their  grants. — Ed.] 


208  NEW    HAMPSHIRE    GRANTS. 

[p.  21.]  By  His  Excellency 

BENNING  WENTWORTH,  Esq., 

Captain-General,  Governour  and  Commander  in  Chief  of  His 
Majesty's  Province  of  New  Hampshire,  in  New  England, 
&c. 

A  PROCLAMATION. 

Whereas  His  Honor  Cadwallader  Colden,  Esq.  Lieu- 
tenant Governor  and  Commander  in  Chief  of  His  Majesty's 
Province  of  New  York,  hath  lately  issued  a  Proclamation, 
of  a  very  extraordinary  Nature,  setting  forth,  that  King 
Charles  the  Second,  on  the  12*'' day  of  March  1663-4,  and 
the  29^^'  of  June,  1674,  did  by  his  several  Letters  Patent  of 
those  Dates,  grant  in  Fee  to  his  Brother,  the  Duke  of  York, 
among  other  things,  all  the  land  from  the  West  side  of  Con- 
necticut River  to  the  East  side  of  Delaware  Bay :  and  there- 
in also  sets  forth,  or  Describes  the  Bounds  of  New  Hamp- 
shire ;  in  which  Description  there  is  a  very  material  Mis- 
take ;  besides,  there  is  omitted  the  Fact,  on  which  the  de- 
scription of  New  Hampshire  depended,  viz.  His  Majesty's 
determination  of  the  Northern  and  Western  Boundaries  of 
the  Province  of  the  Massachusetts  Bay  in  1739:  And  noth- 
ing can  be  more  evident,  than  that  New  Hampshire  may 
legally  extend  her  Western  boundary  as  far  as  the  Massa- 
chusetts Claim  reaches,  and  she  claims  no  more  ; — But  New 
York  pretends  to  claim  even  to  the  Banks  of  Connecticut 
River,  although  she  never  laid  out  and  settled  one  Town 
in  that  part  of  His  Majesty's  Lands,  since  she  existed  as  a 
Government. 

When  New  York  Government  extends  her  Eastern  boun- 
dary to  the  Banks  of  Connecticut  River,  between  New  York 
and  the  Colony  of  Connecticut ;  and  to  the  Banks  of  said 
River  between  New  York  and  the  Province  of  the  Massa- 
chusetts Bay,  it  would  have  been  full  early  for  New  York  to 
declare  that  the  Government  of  New  Hampshire  was  fully 
apprised  of  the  Right  of  New  York,  under  the  before  recit- 
ed Letters  Patent  to  the  Duke  of  York. 

In  virtue  of  the  final  Determination  of  the  Boundary 
Lines  settled  by  his  late  Majesty  between  this  Government 
and  the  Massachusetts  Bay,  all  the  Lands  capable  of  Settle- 
ments have  been  erected  into  Townships  agreeable  to  His 
Majesty's  commands,  and  a  considerable  revenue  is  daily 


CONTROVERSY  WITH  NEW  YORK.  2O9 

arising  to  the  Crown,  unless  interrupted  and  impaired  by 
His  Honor's  Proclamation,  which  New  Hampshire  will  not 
be  answerable  for. 

At  present  the  Boundaries  of  New  York  to  the  North- 
ward are  unknown  ;  and  as  soon  as  it  shall  be  His  Majes- 
ty's Pleasure  to  determine  them,  New  Hampshire  will  pay 
a  ready  and  cheerful  Obedience  thearunto ;  not  doubting 
but  that  all  grants  made  by  New  Hampshire,  that  are  ful- 
filled by  the  grantees,  will  be  confirmed  to  them,  if  it  should 
be  His  Majesty's  Pleasure  to  alter  the  Jurisdiction. 

For  Political  Reasons,  the  claim  to  Jurisdiction  by  New 
York,  might  have  been  deferred,  as  well  as  the  strict  In- 
junction on  the  civil  power,  to  exercise  Jurisdiction  in  their 
respective  Functions,  as  far  as  the  Eastern  Banks  of  Con- 
necticut River. 

The  said  Proclamation  carrying  an  Air  of  Government  in 
it,  may  possibly  affect  and  retard  the  settlement  of  His 
Majesty's  Lands,  granted  by  this  Government;  For  pre- 
venting an  injury  to  the  Crown  of  this  kind,  and  to  remove 
all  Doubts  that  may  arise  to  Persons  holding  the  King's 
Grants,  they  may  be  assured,  that  the  Patent  to  the  Duke 
of  York  is  obsolete, — and  cannot  convey  any  certain  Bound- 
ary to  New  York,  that  can  be  claimed  as  a  boundary,  as 
plainly  appears  by  the  several  boundary  lines  of  the  Jersies 
on  the  West,  and  the  Colony  of  Connecticut  on  the  East, 
which  are  set  forth  in  the  Proclamation,  as  Part  only  of  the 
Land  included  in  the  said  Patent  to  the  Duke  of  York. 

To  the  End  therefore,  that  the  grantees  now  settled,  and 
settling  on  those  Lands,  under  his  late,  and  present  Majes- 
ty's Charters,  may  not  be  intimidated,  or  any  way  hindered 
or  obstructed  in  the  improvement  of  the  Lands  so  granted ; 
as  well  as  to  ascertain  the  Right,  and  maintain  the  Jurisdic- 
tion of  his  Majesty's  Government  of  New  Hampshire,  as 
far  Westward,  as  to  include  the  grants  made;  I  have 
thought  fit,  by  and  with  the  advice  of  His  Majesty's  Coun- 
cil, to  issue  this  Proclamation,  hereby  encouraging  the  sev- 
eral grantees,  claiming  under  this  Government,  to  be  indus- 
trious in  clearing  and  cultivating  their  Lands,  agreeable  to 
their  respective  grants. 

And  I  do  hereby  require  and  command  all  civil  officers, 

within  this  Province,  of  what  Quality  soever,  as  well  those 

that  are  not,  as  those  that  are  inhabitants  on  the  said  Lands 

to  continue  and  be  diligent  in  exercising   Jurisdiction   in 

14 


210  NEW   HAMPSHIRE    GRANTS. 

their  respective  offices,  as  far  Westward  as  grants  of  Land 
have  been  made  by  this  Government ;  and  to  deal  with  any 
Person  or  Persons,  that  may  presume  to  interrupt  the  In- 
habitants or  settlers  on  said  Lands,  as  to  Law  and  Jus- 
tice doth  appertain,  the  pretended  Right  of  Jurisdiction 
mentioned  in  the  aforesaid  Proclamation,  notwithstanding. 
Given  at  the  Council  Chamber  in  Portsmouth,  tJie  I'^tk 
Day  of  March,  1764,  a7id  in  thefourtJi  Year  of  His  Majes- 
ty's Reign. 


B.  WENTWORTH. 


By  His  Excellency's  Coinrna7idy 
with  Advice  of  Council. 


T.  Atkinson,  jun.  Secretary. 

GOD   SAVE  THE    KING. 


Letter  from  Cadwalladcr  Colden,  of  New  York,  to  Bejtning 

Wentworth. 

[p.  23.]  New  York,  May  13*^  1765. 

Sr— 

I  have  the  Favour  of  yours  of  the  26*^  of  last  month,  soon 
after  I  received  his  Majesty's  order  in  Council  for  determin- 
ing the  Boundary  between  this  Province  and  New  Hamp- 
shire. 

I  gave  directions  to  the  Attorney  General  to  forbear  any 
further  Prosecutions  you  mentioned  in  your  Letter ;  of 
which,  I  doubt  not,  you  have  rec'*^  an  ace*  from  Home  be- 
fore this  Time.  It  gives  me  pleasure  to  have  done  a  thing 
so  agreeable  to  you  before  your  Desire  was  made  known  to 
me. 

I  am  with  great  Truth  &  regard 
Your  most  obedient  humble  serv* 

Cadwallader  Colden. 
His  Excellency 

Benning  Wentworth,  Esq. 

(Copy.)  rec^  22^  May  1765. 


[Note.  It  will  serve  to  throw  light  on  the  controversy  which  the 
foregoing  correspondence  opened,  to  introduce  at  this  point  a  represen- 
tation of  the  case  made  to  the  Lords  of  Trade  in  England  by  Lieut.-Gov. 
Colden,  under  date  of  January  20,  1764. — Ed.] 


CONTROVERSY    WITH    NEW    YORK.  211 

[Copied  from  Doc.  Col.  Hist.,  New  York.  vol.  VII,  pp.  595-598.] 

New  York,  20  January,  1764. 
My  Lords — 

The  dispute  subsisting  between  this,  and  his  Majesty^s  Govern'  of 
New  Hampshire,  respecting  their  boundary,  obliges  me  to  lay  the  State 
of  this  matter  before  your  Lord^p^ 

In  April,  1750,  Gov  Clinton  communicated  to  the  Council  a  letter  of 
the  17"^  NoV^  from  Mr.  Wentworth  Gov  of  New  Hampshire,  represent- 
ing that  he  had  it  in  command  from  His  Maj*>'  to  make  grants  of  the 
unimproved  lands  in  New  Hampshire,  and  desiring  information  how  far 
north  of  Albany  this  Province  extended,  and  how  many  miles  to  the 
Eastward  of  Hudson's  river,  to  the  northward  of  the  Massachusetts  line, 
that  he  might  govern  himself  accordingly — As  also  an  extract  of  his 
Maj'-^'^  Commission  to  Mr.  Wentworth  describing  the  boundaries  of  that 
Govern*.  By  the  advice  of  the  Council,  Mr.  Clinton  informed  Mr. 
Wentworth,  in  answer  to  his  request,  that  this  Province  is  bounded 
Eastward  by  Connecticut  River,  the  letters  Patent  from  King  Cha**  the 
Second  to  the  Duke  of  York  expressly  granting  "  all  the  lands  from  the 
west  side  of  Connecticut  River,  to  the  East  side  of  the  Delaware  Bay." 

Mr.  Wentworth  in  answer  of  the  25'^  April,  says,  that  he  had  com- 
municated to  His  Majesty's  Council  of  that  Govern*^  the  above  opinion 
of  the  Council  of  this  Province,  which  he  declares  would  have  been  sat- 
isfactory, had  not  the  two  Charter  Govern'*  of  Connecticut  and  Massa- 
chusetts Bay,  extended  their  bounds  many  miles  to  the  westward  of 
Connecticut  River;  and  desires  to  be  informed,  by  what  authority  Con- 
necticut and  the  Massachusetts  Govern'*  claimed  so  far  to  the  westward 
as  they  had  settled,  &  acquainted  GoV  Clinton,  that  before  the  receipt 
of  his  letter  of  the  9"^  of  April,  he  had  granted  a  township  due  north 
of  the  Massachusetts  line,  of  the  contents  of  six  miles  square,  and  by 
measurement  twenty-four  miles  east  of  the  City  of  Albany.  Upon  GoV^ 
Clinton's  laying  this  letter  before  the  Council,  they  advised  him  to  in- 
form Gov  Wentworth,  that  the  claim  of  the  Gov  of  Connecticut  is 
founded  upon  an  agreement  with  that  of  New  York  in  the  year  1683.  af- 
terwards confirmed  by  King  William.  But  that  as  to  the  Massachusetts 
Settlements,  so  far  to  the  westward,  it  was  presumed  they  were  first 
made  by  intrusion,  and  since  continued  thro'  the  neglect  of  this  govern'. 
And  that  it  was  probable  the  lands  within  the  township  he  had  lately 
granted,  or  some  part  of  them,  had  been  already  granted  by  the 
Govern'  of  New  York. 

In  July  1750,  Mr.  Wentworth's  letter  of  the  22<i  June  preceeding,  was 
laid  before  the  Council ;  declaring,  that  his  Maj'-^"*  Council  of  that  Prov** 
were  unanimously  of  opinion  not  to  commence  a  dispute  with  this 
Govern'  respecting  the  extent  of  western  Boundary  to  New  Hampshire, 
until  His  Majesty's  pleasure  should  be  further  known  ;  and  accordingly 
the  Council  had  advised  that  he  should  on  the  part  of  New  Hampshire, 
make  a  representation  of  the  matter  to  His  ^Iajesty,  relying  that  Mr. 
Clinton  would  do  the  same  on  the  part  of  New  York.  To  which  pro- 
posal this  Govern'  agreed,  adding,  that  it  would  be  a  measure  for  the 
mutual  advantage  of  both  provinces,  that  the  copies  of  the  respective 
representations  to  be  made  to  his  Majesty  on  this  head  should  be  ex- 
changed. 

On  the  2"^^  September  Mr.  Wentworth  signified  the  Assent  of  his 
Govern'  to  the  last  mentioned  proposal  as  it  might  contribute  to  the 


212  NEW  HAMPSHIRE  GRANTS. 

speedy  settlement  of  the  boundary  between  the  two  provinces,  and 
assured  M""  Clinton,  that  he  would  transmit  to  him,  a  copy  of  the  rep- 
resentation he  should  make  in  behalf  of  New  Hampshire,  as  soon  as 
perfected. 

I  find  the  representation  on  the  Part  of  New  York  was  not  approved 
of  by  the  Council,  until  the  i8"^  Ocf  1751,  when  it  was  entered 
on  the  minutes,  together  with  a  letter  of  mine  on  the  same  subject.  But 
before  this  period,  Mr.  Wentworth  had  in  his  letter  to  the  Board  of 
Trade,  of  the  23'^  March,  1750,  suggested  to  their  Lord^'f*  what  he 
thought  proper  to  urge  on  this  subject,  in  behalf  of  his  own  Govern*, 
without  transmitting  any  copy  thereof  to  Gov  Clinton. 

Thus  the  matter  rested,  according  to  my  information,  until  the  incur- 
sions of  the  Indians  into  this  Province,  immediately  preceeding  the  late 
War,  put  an  entire  stop  to  any  new  settlements,  and  rendered  both 
Govern'*  less  solicitous  to  bring  this  controversy  to  an  issue.  The 
Govern'  of  New  York,  confiding  that  New  Hampshire,  after  what  had 
passed,  would  not  venture  to  make  any  further  grants,  until  his  Majesty 
should  be  pleased  to  determine  the  limits  between  his  two  Provinces,  as 
such  Grants,  where  they  might  interfere  with  those  of  New  York,  must 
be  considered  as  a  mere  nullity. 

But  how  great  was  the  surprise  of  this  Govern',  when  they  lately  dis- 
covered that  New  Hampshire  had,  since  the  transactions  above  recited, 
granted  upwards  of  thirty,  some  affirm  one  hundred  and  sixty  townships, 
each  of  six  miles  square,  westward  of  Connecticut  River;  a  fact  which 
had  probably  been  still  concealed  from  the  knowledge  of  this  Govern', 
had  not  the  grantees  or  persons  employed  by  them,  travelled  thro''  all 
parts  of  this  and  the  neighboring  province  of  New  Jersey,  puplickly  of- 
fering the  lands  for  sale,  at  such  low  rates  as  evince  the  claimants  had 
no  intention  of  becoming  settlers,  either  from  inability,  or  conscious  they 
could  derive  no  title  to  the  lands  under  the  grants  of  New  Hampshire. 

To  prevent  therefore  the  further  progress  of  this  mischief,  by  inform- 
ing the  people  of  the  true  state  of  the  claim  of  the  two  Provinces,  His 
Majesty's  Council  unanimously  advise  me  to  issue  a  Proclamation,  as- 
serting the  ancient  jurisdiction  of  this  Province  to  Connecticut  River,  a 
copy  whereof  I  have  the  honor  to  inclose  to  your  LordPP^ 

The  Claim  of  the  Govern'  of  New  Hampshire  to  within  twenty  miles 
east  of  Hudson's  River,  being  founded  solely  on  the  example  of  Con- 
necticut and  the  Massachusetts  Bay,  it  will  be  necessary  to  consider  the 
right  of  those  two  Govern'^  to  that  Boundary : — 

The  limits  of  Connecticut  were  settled  by  agreement  with  this  prov- 
ince confirmed  by  the  Crown,  and  tho'  the  possession  and  claim  of  the 
Dutch,  might  have  been  offered  as  an  argument  to  confine  the  limits  of 
that  Colony  to  the  River  Connecticut ;  yet  as  the  Tract  might  thereby 
have  been  rendered  too  inconsiderable  for  the  establishment  of  a  Col- 
ony, and  the  people  had  so  early  extended  their  settlements  Westward 
•of  the  River,  these  considerations  probably  were  the  motives  which  in- 
duced the  Govern'  of  New  York,  first  in  1664,  and  afterwards  in  16S3, 
to  yield  to  Connecticut  the  Lands  westward,  to  the  distance  of  about 
twenty  miles  of  Hudson's  River. 

But  no  agreement  or  settlement  of  Boundaries  can  be  alleged  on  the 
part  of  Massachusetts  Bay.  The  Dutch,  at  the  time  of  the  Massachu- 
setts first  grant,  possessed  this  Province  then  called  New  Netherlands, 
extended  their  claims  between  the.two  Rivers  Delaware  and  Connecti- 


CONTROVERSY    WITH    NEW    YORK.  213 

cut ;  and  had  long  before  the  English  approached  the  last  mentioned 
River,  a  Fort,  called  Fort  Hope,  on  the  western  Banks,  near  where  the 
Town  of  Hertford  now  stands — these  facts  were  well  known  at  the 
time,  and  therefore  in  the  grant  to  the  Council  of  Plymouth  in  1620,  of 
the  lands  within  the  34'^^  and  48"^  degrees  of  North 'latitude,  on  which 
the  claim  of  Massachusetts  Bay  and  Connecticut  was  originally  founded, 
all  lands  which  were  held  or  possessed  by  any  other  Christian  Prince  or 
State,  are  expressly  saved  and  excepted — hence  it  appears  that  the 
grant  to  the  Duke  of  York  in  i66|  of  the  lands  Westward  of  Connecti- 
cut River,  was  entirely  grounded  on  an  opinion,  that  the  Crown  had  an 
absolute  right  to  those  lands,  notwithstanding  the  claim  of  the  New 
England  Colonies,  and  that  this  grant  which  immediately  preceeded  the 
conquest  of  this  Province  from  the  Dutch,  was  intended  to  include  all 
the  lands  which  the  Dutch  held  here. 

I  have  not  till  lately  seen  an  extract  of  a  Report  of  the  Commis- 
sioners appointed  by  the  Crown  in  1664,  to  visit  the  New  England 
Govern'%  who  declare,  they  find  the  limits  of  Massachusetts  Bay  to  be 
Seconnet  Brook  on  the  south-west,  and  Merimack  River  on  the  North 
East,  and  two  right  lines  drawn  from  each  of  those  two  places  till  they 
come  within  twenty  miles  of  Hudson's  River. 

Nor  an  extract  of  a  letter  from  Coll.  Nichols  Gov  of  New  York,  in 
which,  speaking  of  the  agreement  made  with  Connecticut  he  says: 
"  This  determination  was  a  leading  case  of  equal  justice  and  of  great 
"  good  consequence  in  all  the  Colonies  ;  and  therefore  we  were  assured 
*'  would  be  an  acceptable  service  to  your  Royal  highness,  though  to  the 
*♦  diminution  of  your  bounds,  so  that  to  the  East  of  New  York  and 
*'  Hudson's  River,  nothing  considerable  remains  to  your  Royal  High- 
*'  ness,  except  Long  Island,  and  about  twenty  miles  from  any  part  of 
•'  Hudson's  River.  I  look  therefore  upon  all  the  rest  as  empty  names, 
"  and  places  possessed  forty  years  by  former  grants,  and  of  no  conse- 
*•  quence  to  your  Royal  Highness,  except  all  New  England  could  be 
*'  brought  to  submit  to  your  Royal  Highness'  Patent'' — 

If  any  settlement  was' then  made  by  the  Commiss'^  and  the  Massachu- 
setts Bay,  it  appears  not  on  record,  although  that  with  Connecticut  in 
the  same  year  is  Registered  in  both  Provinces  ;  and  if  actually  made, 
it  was  unauthorized ;  the  powers  to  the  Commissioners  being  expressly 
confined  to  the  disputes  between  the  New  England  Govern^S  namely, 
Massachusetts  Bay,  Connecticut,  New  Plymouth,  Rhode  Island,  and 
the  Providence  plantation,  as  evidently  appears  from  the  Commission, 
a  copy  of  which  I  enclose  your  Lordw'%  nor  can  it  be  supposed  that  the 
Crown  meant  to  invest  a  power  in  the  Commis",  to  settle  boundaries 
between  the  Govern'^  of  New  England  and  this  Prov'=^  the  commission 
bearing  date  in  April  1664,  and  the  conquest  of  this  Govern'  from  the 
Dutch,  not  taking  place  till  the  month  of  August  following.  There  is 
also  a  mistake  in  the  assertion,  that  the  "  places  were  possessed  forty 
years  by  former  grants" — unless  by  the  Dutch,  for  the  English  did  not 
settle  to  the  westward  of  Connecticut  River,  till  1635  or  1636,  which 
settlement  was  made  southward  of  the  Massachusetts  south  line,  with- 
out authority  from  any  Govern'.  The  determination  then  in  respect  to 
Connecticut' could  not  with  propriety  be  considered  as  a  leading  case  of 
equal  justice  in  all  the  Colonies,  nor  could  the  boundary  of  Connecticut 
River  have  affected  the  other  Govern'^  so  materially  as  Connecticut,  as 
those  Govern**  have  a  far  greater  extent  Eastward  than  Connecticut. 
This  reasoning  is  justified  also  from  these  considerations,  that  the  Crown 


214  ^'^^^   HAMPSHIRE    GRANTS. 

did  not  by  any  act,  ratify  or  approve  the  opinion  of  the  Commission- 
ers, or  of  Gov  Nicholls'  who  was  one  of  them,  but  on  the  contrary, 
after  the  Dutch  had  in  1673,  reconquered  this  Province,  and  by  the 
Treaty  of  Breda  in  1674,  yielded  it  to  England,  made  a  second  grant  to 
the  Duke  of  York  in  the  same  terms  with  the  first ;  and  it  appears  by 
the  minutes  of  the  agreement  with  Connecticut  in  1683,  that  GoV^ 
Nicholls  and  the  other  Commiss'"%  had  been  deceived  in  the  line  they 
established  with  that  Colony  in  1664,  which  instead  of  leaving  to  this 
Province  twenty  miles  East  of  Hudson's  River,  soon  crossed  that  River, 
and  left  the  far  greater  part  of  that  River  out  of  New  York  Govern^ 

Massachusetts  Bay  hath  nothing  I  humbly  conceive  to  urge  in  sup- 
port of  their  claim  to  a  twenty  mile  line  East  of  Hudson's  River,  but  a 
possession  gained  in  opposition  to  the  letter  and  spirit  of  their  grants 
from  the  Crown,  thro'  the  inattention  of  this  Govern^  This  argument 
may  in  equity  entitle  individuals  to  a  confirmation  from  the  Crown,  of 
the  lands  they  actually  possess,  rendering  to  His  Majesty  the  usual  quit- 
rent  reserved  in  this  Province,  but  cannot  be  offered  as  conclusive  on 
the  part  of  the  Crown,  in  respect  to  its  interests  arising  either  from  its 
Revenue  of  quit-rents,  which  by  computation  at  2  |  6  p'"  100  acres,  would 
amount  to  near  ^1200  Sterling  p""  Annum,  or  from  Escheats,  neither 
can  it  with  justice  I  think,  be  extended  to  the  case  of  those  inhabitants 
of  New  York,  who  hold  lands  Eastward  of  a  twenty  mile  line,  the  lands 
being  at  the  time  they  obtained  their  grants,  vested  in  the  Crown,  with- 
in the  express  limits  of  the  province  of  New  York,  and  not  within  the 
grants  on  which  the  Massachusetts  Bay  found  their  claim. 

Having  thus  fully  considered  this  point,  in  respect  to  the  Province  of 
Massachusetts  Bay,  I  need  add  very  little  as  to  New  Hampshire.  That 
Govern*  is  to  extend  Eastward  and  Northward  till  it  meets  with  his 
Majesty's  other  Govern**,  and  cannot  therefore  interfere  with  the  limits 
of  this  Province.  The  lands  in  question  lay  much  more  convenient  to 
be  included  within  New  York,  than  New  Hampshire.  Hudson's  River 
being  navigable  by  vessels  of  considerable  burthen  to  Albany  ;  the  Trade 
of  that  part  of  the  country  will  probably  centre  there,  to  which  place  the 
transportation  of  carriage  will  be  much  easier  than  to  the  ports  of  New 
Hampshire,  and  where  the  inhabitants  are  likely  to  meet  with  a  better 
market  for  their  produce.  The  Revenue  to  the  Crown,  if  the  lands  are 
settled  under  this  province,  will  be  greater,  than  if  granted  under  New 
Hampshire,  in  proportion  to  the  difference  of  quit-rent,  which  I  am  in- 
formed is  I  sh.  sterl :  pr  100  acres  in  that  Prov'^'',  and  is  by  his  Majesty's 
Instructions  fixed  here  at  2  |  6  sterl.  There  is  another  circumstance  of 
some  v/eight  at  this  juncture.  The  preference  given  to  this  Govern* 
from  its  evident  superiority,  has  induced  a  great  number  of  reduced  offi- 
cers to  claim  here,  the  bounty  His  Majesty  has  been  pleased  by  his 
Proclamation  of  the  7^'^  Ocf  last,  to  extend  to  those  who  have  served  in 
North  America  during  the  late  war ;  and  many  of  them  have  located 
their  spotts  within  the  claim  of  New  Hampsh''%  indeed  if  they  had  not, 
it  would  have  been  impossible  for  this  Govern*  to  have  found  lands 
enough  for  them,  clear  of  dispute,  and  not  reserved  to  the  Indians  ;  but 
they  absolutely  decline  any  application  to  New  Hampshire  for  lands 
westward  of  Connecticut  River. 

As  the  settling  the  limits  of  Jurisdiction  of  the  Govern*^  of  New  York 
and  New  Hampshire  absolutely  depends  on  his  Majesty's  pleasure,  sh'-^ 
His  Majesty  on  any  consideration  extend  the  limits  of  New  Hampshire 
westward  of  Connecticut  River,  I  humbly  presume  to  hope  the  right  of 


CONTROVERSY   WITH    NEW   YORK.  21$ 

property  and  the  right  of  jurisdiction  will  be  saved  to  this  Province,  in 
respect  to  all  lands  before  granted  by  this  Govern',  whose  right  to  the 
boundary  of  Connecticut  River,  especially  when  considered  as  to  New 
Hampshire,  appears  clear  and  unquestionable. 

I  am  with  great  submission 
My  Lords, 
Your  most  obedient  &  faithful  Servant 
Cadwallader  Colden. 


SECTION    II. 


Proceedings  in  Relation  to  the  New  Hampshire 

Grants,  under  the  Administration  of 

Gov.  John  Wentworth. 


Memorial  of  John    Wendell,  respecting  lands  on  the  west 
side  of  Connecticut  river  a^tnexed  to  the  province  of  New 
York. 

[p.  25.]  To  his  Excellency  John  Wentworth,  Esq^'  Captain 
General,  Governor  &  Commander  in  Chief  in  and  over  his 
Majesty's  Province  of  New  Hampshire,  &  Vice  Admiral 
of  y®  same. 

To  the  Hon^^^  His  Majesty's  Council  and  House  of  Repre- 
sentatives in  General  Assembly  convened  this  i8*^  day  of 
Oct^  1768,  by  adjournment. 

The  Memorial  of  John  Wendell  of  Portsmouth  in  the 
Province  aforesaid,  Esq^,  unto  your  Excellency  &  Honors 
humbly  shews  : 

That  your  Memorialist  being  appointed  the  agent  of  a 
Committee,  chosen  by  the  voices  of  more  than  one  Thou- 
sand Grantees,  claiming  lands  on  the  western  side  of  Con- 
necticut River,  under  the  Grants  of  Penning  Wentworth, 
Esq'^",  late  Governor  of  this  province,  which  have  since  been 
taken  away  and  annexed  to  the  Province  of  New  York ;  by 
virtue  of  which  appointment,  he  is  impowered  to  act,  trans- 
act and  do,  anything,  whereby  the  Interest  of  his  Constitu- 
ents and  their  Principles  may  be  advanced ;  as  also  to  cor- 
respond with  their  other  agents,  M"*  Sam^  Johnston  &  Sam^ 


2l6  NEW   HAMPSHIRE   GRANTS. 

Robinson  Esquires,  who  have  preferred  a  Petition  to  his 
[p.  26.]  Majesty  in  Council  in  behalf  of  the  said  grantees, 
praying  to  be  re-annexed  to  this  Government,  and  to  set 
forth  other  heavy  grievances,  under  which  the  s'^  grantees 
then  laboured,  and  which  still  continue. 

During  a  correspondence  which  y^"  Memorialist  has  had 
with  the  said  Johnston,  some  anecdotes  have  dropt  from  his 
Pen,  which  your  Memorialist  is  desired  to  communicate,  as 
worthy  the  notice  and  attention  of  the  whole  Legislature  of 
this  Prov^*^,  but  as  the  said  Johnston  has  strictly  enjoined  it 
upon  him,  not  to  divulge  this  intelligence  he  has  received, 
or  give  Extracts  of  his  Letters  only  to  such,  whose  Prudence 
&  Secrecy  may  be  absolutely  relied  upon,  your  memorialist 
has  hitherto  postponed  this  communication ;  and  now  plac- 
ing an  unlimited  Confidence  on  the  Prudence  of  this  Hon^^ 
Court,  he  takes  the  Liberty  to  lay  an  attested  Extract  of 
said  Johnston's  Letter  before  them,  from  which  may  be  de- 
duced; — that  if  the  Legislature  of  this  Province  would  join 
with  said  Grantees  in  their  application  to  his  Majesty  in 
Council,  the  one  for  the  Jurisdiction,  and  the  other  for  the 
Property  of  said  Lands,  there  is  a  great  Probability  of  suc- 
cess to  both. 

Your  Memorialist  does  not  presume  to  dictate  any  partic- 
ular measures  whereby  this  valuable  &  much  desired  acqui- 
[p.  27.]  sition  may  be  obtained,  but  leaves  to  the  considera- 
tion of  this  Hon^^^  Court  the  nature  &  substance  of  this 
memorial,  as  it  is  y^  Memorialist's  only  Intention  &  highest 
Ambition,  that  the  grantees  in  particular,  and  the  Province 
in  general  may  reap  an  advantage  that  may  result  from  this 
Discovery. 

And  y^'  Memorialist,  as  in  Duty  bound  shall  ever  pray. 

John  Wendell. 

London,  March  31^*  1763.    Extract  from  Jllr.  S.  yohnstoiis 
Letter  of  that  date  to  yoJin  Wendell. 

"  I  am  really  surprised  at  the  supiness  of  the  Proprietors  and  even  of 
**  your  Province  in  this  matter;  had  it  been  pursued  with  spirit  imme- 
"  diately  upon  the  alteration  of  the  Jurisdiction  &  before  any  Grants 
"  had  been  made  by  New  York,  it  is  very  plain  to  me,  that  the  Prop''^ 
**  might  very  easily  have  secured  their  Lands,  tho'  the  Province  had 
"not  recovered  its  Jurisdiction,  and  even  the  latter  I  think  was  very 
"  probable. 

*'  Many  things  which  have  since  happened  have  increased  the  diffi- 
**  culty,  but  I  should  by  no  means  even  now  despair  of  it,  if  the  cause 


CONTROVERSY   WITH    NEW   YORK.  21/ 

*'  was  supported  as  it  ought  to  be  by  the  joint  aid  and  application  of  all 
*•  the  Proprietors  and  the  Province,  the  one  for  the  Property  and  the 
[p.  28.]  "  other  for  the  Jurisdiction  of  the  lands,  the  real  Poverty  of 
"  those  who  joined  Capt.  Robinson  (tho'  they  did  the  best  they  could) 
"rendered  them  unable  to  give  the  cause  that  effectual  support  which 
*'  was  (and  is)  necessary  to  give  it  proper  weight  and  render  the  applica- 
•'  tion  to  the  Crown  as  regular  and  respectable  as  its  Importance  and  the 
"usual  course  of  Proceedings  in  cases  of  this  kind  justly  required; 
'*  Money  has  in  fact  been  wanting  to  do  Justice  to  this  Cause  ;  it  came 
*'  here  rather  in  Forvia  Pauperis  which  is  an  appearance  seldom  made 
"or  much  regarded  in  this  country,  and  is  by  no  means  an  Eligible 
"  light  in  which  to  place  an  affair  of  this  kind." 

A  true  coppy  taken  by  me 

John  Wendell. 


[p.  29.]  Extract  of  Govei'nor  John  WentivortJi s  Letter  to 
Governor  William  Try  on  of  Neiv  Yorky  dated  i  (^tJi  of  Oc- 
tober, 1 77 1. 

"The  Information  refer'd  to  in  your  Excellency's  Letter 
of  2^  Inst,  altho'  wholly  different  from  the  real  fact,  is  not 
unexpected  to  me  having  been  often  menaced  by  a  number 
of  People  on  Connecticut  River  who  have  not  only  taken 
great  pains  to  vilify  &  asperse  me  in  that  District,  and  by 
the  most  artful,  unjust  sollicitations  to  obtain  equally  inju- 
rious Representations,  not  hesitating  to  scatter  threats  of 
Plans  form'd  to  remove  me  from  his  Majesty's  Service. 
These  things  I  shou'd  have  neglected  in  silence;  but  their 
attempts  to  convey  such  prejudicial  Insinuations  to  your 
Excellency  justifys  my  Explanation. 

''  The  Surveyor  General  of  the  Northern  District  being  in 
the  course  of  Duty  station'd  here  for  two  years,  and  by  the 
Winter's  Rigor  precluded  from  surveying  the  Sea  Coast,  I 
formed  a  Design  of  obtaining  thro'  his  assistance  a  perfect 
and  complete  Survey  of  this  Province, — such  interior  Sur- 
veys being  recommended  in  his  Official  Instructions.  Cap- 
tain Holland  very  obligingly  was  dispos'd  to  employ  himself 
&  his  party  on  this  service  if  he  could  be  aided  by  three  or 
four  additional  men  to  assist  in  the  Surveys, 
[p.  30.]  ''  Whereupon  I  recommended  to  the  Assembly, 
but  they  refus'd  to  make  any  provision  for  the  expense, 
altho'  it  could  not  amount  to  Fifty  Guineas  ;  but  as  the  ad- 
vantage was  so  evidently  great,  and  such  an  invaluable  opp^ 
might  never  again  happen,  to  acquire  a  faithful  and  exact 
Map  of  the  Province,  unless  at  a  far  greater  Expense,  Capt. 
Holland's  Requisition  was  rais'd  by  subscription. 


2l8  NEW    HAMPSHIRE    GRANTS. 

''  He  undertook  in  person  to  survey  the  Eastern  District. 
One  Deputy,  Mr.  Grant,  he  sent  to  Connecticut  River,  & 
one  Deputy  thro'  the  middle  of  the  Province.  In  the 
Spring  each  party  made  Return  to  Capt.  Holland,  and  this 
Winter  the  intermediate  parts  of  those  Divisions  are  to  be 
perfected  and  a  general  Map  compos'd. 

''  These  Gentlemen  being  strangers  the  people  of  the 
Country,  naturally  jealous  of  every  thing  they  don't  under- 
stand, and  the  whole  survey  depending  upon  voluntary  as- 
sistance, I  wrote  to  some  Gent"  in  this  Prov^  a  circular 
Letter  for  each  party  to  secure  proper  Reception  &  assist- 
ance for  them  :  which  letter  in  many  instances  sav'd  them 
much  distress  and  difficulty. 

*'  Whether  Mr.  Grant  (Mr.  Whiting  had  no  sort  of  power 
[p.  31.]  or  Direction,  but  merely  as  one  hand  hir'd)  pursued 
an  Easterly  Branch  of  Connecticut  River,  instead  of  a 
Northerly  Branch,  or  which  of  the  two  is  properly  the  main 
River  I  know  not ;  but  am  inclin'd  to  think  so  skilful  an 
officer  under  the  strictest  injunction  of  care  from  his  princi- 
pal, and  subject  to  his  penetrating  Examination,  cou'd  not 
well  be  mistaken  in  such  a  material  point  as  this  ,  yet,  if  it 
is,  the  error  is  so  much  injurious  to  New  Hampshire. 

*'  The  ill-tim'd  parsimony  of  the  late  Assembly  refus'd  so 
useful  &  necessary  a  grant  altho'  requisite  to  carry  into  ef- 
fect a  royal  Instruction.  I  confess  it  gave  me  pain,  yet  I 
could  by  no  means  solicit  aid  of  the  Government  of  N. 
York  towards  surveying  Connect.  River,  which  by  his  Maj- 
esty's Order  in  Council  (whereby  the  Western  District  was 
granted  from  this  to  that  Province)  is  established  expressly 
to  be  in  N.  Hampsh  ;  to  its  Western  Banks — more  espe- 
cially as  it  is  part  of  a  Provincial  Survey,  w^^  hath  not  been 
forwarded  to  his  Majesty's  ministers  of  State,  neither  will  it 
be,  until  next  Spring;  when  the  whole  Prov:  Map  is  finish'd 
and  must  then  obtain  what  credit  its  own  truth  may  merit. 

''Whatever  may  be  the  consequences  of  the  conduct  held 
by  those  people,  whom  y*"  Excell^  is  informed  are  exciting 
Disturbances  on  the  District  formerly  in  this  Province,  they 
[p.  32]  cannot  in  any  Degree  be  ascrib'd  to  me :  that  my 
name  has  been  used  therein,  I  consider  as  an  effort  of  those 
unworthy  wretches,  who  daily  presume  in  that  country  to 
calumniate  me  in  y*^  rudest  &  most  indecent  Forms. 

"To  preclude  all  possibility  of  mistake  on  my  side,  I 
have  cautiously  &  unexceptionably  avoided  speaking  to  any 


CONTROVERSY    WITH    NEW    YORK.  219 

man  or  men  upon  this  Dispute,  unless  in  the  presence  of 
some  other  persons ;  and  have  invariably  recommended  im- 
plicit obedience  to  the  Laws,  where  his  Majesty  had  been 
pleas'd  to  assign  them ;  and  upon  all  occasions  positively 
disavow' d  any  connection  with  them  or  even  a  desire  for 

their  revertins:  to  this  Prov :  But  at  all  times  told  them  that 

.     .  1    . 

I  have  met  with  occasionally,  that  submission  was   their 

Duty  &  Interest.  Upon  y^'  Excelly'^  accession  to  the  gov- 
ernment, I  was  still  more  explicit  &  earnest  in  public  & 
private  recommending  those  unhappy  complaining  people 
immediately  to  refer  themselves  &  their  cause  to  y'^'  Deci- 
sion, &  in  abiding  thereby  I  was  confident  they  would  have 
Justice ;  neither  might  they  expect  me  to  reconsider  or  al- 
ter what  might  be  y'^  Determination,  even  if  that  Country 
should  ever  be  re-annexed  to  this  Province — an  event  w^^ 
[p.  33.]  cou'd  not  be  expected,  considering  the  great  Dis- 
parity in  Interest,  Wealth,  Diligence  &  Ability,  w*^^  I  grieve 
to  acknowledge  is  manifestly  against  N.  Hamps^ 

"  Hence  it  is  my  wish  to  hear  that  every  outrage  &  vio- 
lence committed  under  any  pretence  whatsoever  may  meet 
the  severest  censure  of  Law,  w^^  I  shall  see  without  con- 
cern; but  on  the  contrary  rejoyce  in,  as  the  avenger  of  those 
groundless  aspersions  &  still  more  culpable  conduct  prac- 
tised by  many  towards  me,  in  defiance  of  all  Law  or  Recti- 
tude whatever:  And  I  entreat  as  a  peculiar  favor,  the  great- 
est severity  may  fall  on  those  who  presume  in  any  way  to 
ascribe  their  conduct  to  me.  The  merits  of  the  Dispute 
are  too  tedious  for  me  to  enter  into  at  this  time,  suffice  it  to 
say  that  the  whole  arose  upon  Representations  &  Plans 
from  N.  York  in  the  year  1762,  totally  unsuspected  &  un- 
known to  this  Province,  containing  many  cruel  Reflections 
on  y^  late  Governor  and  Council ;  whereon  N.  Hamp :  suf- 
fered the  loss  unheard ;  altho'  they  labor  under  a  Tax  to 
the  year  1774  incurr'd  in  the  defence  of  this  very  land  in 
obedience  to  a  Royal  Instruction  specifying  it  to  be  part  of 
this  Province,  and  enjoyning  a  penalty  of  its  loss  to  Massa. 
Bay  upon  neglect'g  to  obey ;  an  event  further  remarked  by 
a  Dissolution  of  an  Assembly,  who  disapproving  the  mode 
of  Defence,  rejected  the  Recommendation  w^^'' was  acceeded 
to  by  the  next  Assembly.  I  am  positively  convinced  that 
[p.  34.]  these  people  are  to  a  man  certain  of  my  abhorrence 
of  every  species  of  outrage  or  illegality,  and  that  all  pre- 
tences of  my  favor  are  made  by  a  few  disaffected  persons, 


220  NEW   HAMPSHIRE    GRANTS. 

merely  to  vilify  me.  Nor  do  they  even  venture  openly  to 
avow  this  among  the  people  in  general,  who  universally 
know  the  contrary :  therefore  any  public  act  of  mine  cannot 
in  the  least  undeceive  them ;  but  wou'd  be  considered  as  an 
exterior  condescension  to  two  or  three  wicked  men  who 
have  been  for  three  years  past  disseminating  the  most  mis- 
chievous measures  in  that  remote  country." 


Letter  from  Gov.  William  Try  on  to   Gov.  yoJin  Wentzvorth. 

[p.  35.]  Fort  George,  New  York,  23^  Dec''.  1771. 

Sir — 

Having  been  favored  with  your  letter  of  the  19^^  Octo- 
ber, I  lost  no  time  in  laying  it  before  His  Majesty's  Council 
of  this  Province,  by  whose  advice  I  issued  a  Proclamation, 
setting  forth  the  Proceedings  that  have  passed  between  our 
governments,  respecting  the  Lands  lying  in  this  Province 
to  the  Westward  of  Connecticut  River :  A  copy  of  which 
Proclamation  I  have  the  Honor  to  transmit  to  you,  request- 
ing if  you,  Sir,  see  no  objection,  that  it  may  be  inserted  in 
the  public  Papers  within  your  government.  The  Facts  stat- 
ed therein  are  taken  from  original  Letters  &  papers  now  in 
the  Secretary's  office  of  this  Province.  It  was  thought 
necessary  to  prevent  the  malicious  Insinuations  of  design- 
ing men  from  gaining  credit  among  the  deluded  Inhabitants 
[p.  36.]  in  the  Western  Frontiers  of  this  Colony,  to  express 
in  the  Proclamation,  your  Excellency's  Disavowal  &  Dis- 
approbation of  the  rash  conduct  of  those  Rioters  who  so 
much  disturb  the  peace  of  this  government.  I  still  hope 
you  will,  upon  further  Reflection,  make  known  by  some 
public  act  within  your  government,  your  Dissatisfaction  of 
such  injurious  Reflections,  &  that  you  will  consider  such  a 
step  rather  as  a  compliance  with  my  earnest  request,  than 
as  an  exterior  condescension  to  2cfe'w  wicked  men. 

The  Commissioners  appointed  for  runing  the  partition 
line  between  this  government  and  the  Province  of  Canada 
being  prevented  thi§  season  from  proceeding  any  further 
than  twenty-two  miles  of  the  course  ;  I  am  desirous  of  in- 
forming your  Excellency,  as  you  may  possibly  consider 
your  Province  in  some  measure  effected  thereby,  that  I 
have  fixed  upon  the  first  day  of  March  next,  for  the  com- 
missioners to  meet  at  the  house  of  Col°  Christy's  on  the 


BRIEF    HISTORY    OF    THE    CONTROVERSY.  221 

[p.  37.]  River  Cole,  about  two  leagues  to  the  westward  of 
Point  Moore,  from  whence  they  are  to  proceed  in  compleat- 
ing  the  Extension  of  the  Boundary  Line  between  the  two 
Governments,  agreeable  to  His  Majesty's  Instructions. 

I  am  truly  sensible  of  the  Politeness  of  your  sentiments 
towards  me  &  wish  you  may  by  an  early  visit  to  this  City, 
afford  me  an  opportunity  of  renewing  an  acquaintance 
which  was  begun  during  your  short  stay  in  your  Tour 
through  North  Carolina. 

I  am,  with  much  esteem, 

Sir,  Your  Excellency's  most  obedient  servant 

Wm.  Tryon. 

P.  S.  Our  Correspondence  being  of  a  public  nature  I 
shall  communicate  the  same  to  His  Majesty's  Secretary  of 
State  for  American  affairs. 

His  Excellency  John  Wentworth,  Esq.  Gov^  &c.  &c. 


NOTE   BY   THE   EDITOR. 


In  die  volume  of  State  Papers — labelled  "  Vermont  Controversy,'' — as 
arranged  by  the  late  John  Farmer,  Esq.,  pp.  41-48,  is  found  a  brief  his- 
tory of  that  controversy,  as  contained  in  Dr.  Belknap's  History  of  New 
Hampshire,  pp.  385-392,  Farm,  ed.,  Dover,  1831.  Inasmuch  as  this 
presents  a  fair  view  of  the  controversy,  in  the  judgment  of  Dr.  Belknap, 
it  may  be  helpful  to  readers  in  forming  their  opinions  on  the  subject. 


SECTION    HI. 


Brief  History  of  the  Controversy  with  Vermont. 

[Copied  from  Dr.  Jeremy  Belknap's  Hist,  of  N.  H.] 


The  inhabitants  of  the  district  on  the  western  side  of  Connecticut 
river,  which  was  severed  from  New  Hampshire  in  1764,  had  been  en- 
gaged in  a  long  and  bitter  controversy  with  the  government  of  New 
York.  They  had  even  been  obliged  to  have  recourse  to  arms  in  de- 
fence of  their  estates,  and  frequent  acts  of  violence  had  been  commit- 
ted. There  was  among  them  a  set  of  intrepid  men  ready  to  encounter 
dangers,  and  trained  to  hardy  enterprise.  At  the  commencement  of 
hostilities,  by  the  advice  of  some  principal  opposers  of  the  British  gov- 
ernment in  the  other  colonies,  a  company  of  those  people,  styling  them- 
selves Green  Mountain  Boys,  marched  to  Ticonderoga,  and  wrested  that 


222  NEW    HAMPSHIRE    GRANTS. 

fortress,  together  with  Crown  Point,  out  of  the  hands  of  the  British  gar- 
risons.    A  regiment  of  them  was  embodied   by  order  and  in 
the  pay  of  the  general  congress.     Their  exertions  in  the  com-     1775. 
mon  cause  were  meritorious,  and  their  services  were  acceptable. 

Soon  after  the  declaration  of  independence,  the  inhabitants  of  that 
territory  assembled  in  convention  to  consider  their  peculiar  situ- 
ation, and  concert  measures  for  their  safety.     The  opportunity     1776. 
which  then  presented  for  a  change  in  their  political  connexions 
was  too  precious  to  be  lost.     By  the  dissolution  of  the  bonds  which 
had  held  America  in  subjection  to  the  crown  of  Britain,  they  conceived 
themselves  free  from  the  government  of  New  York,  to  which  the  most 
of  them    had    never  voluntarily  submitted ;    and  being,  as  they  said, 
reduced  to  "a  state  of  nature,"  they  thought  they  had  a  right  to  form 
such  connexions  as  were  agreeable  to  themselves.     Accordingly,  they 
made  and  published  a  declaration, — "that  they  would  at  all 
times  consider  themselves  as  a  free  and  independent  state,       I777- 
capable  of  regulating  their  own  internal  police;    that   they     Jan.  15. 
had  the  sole  exclusive  right  of  governing  themselves  in  such 
manner  as  they  should  choose,  not  repugnant  to  the  resolves  of  con- 
gress ;  and  that  they  were  ready  to  contribute  their  proportion  to  the 
common  defence."     Under  the  influence  of  these  principles,  they  form- 
ed a  plan  of  government  and  a  code  of  laws,  and  petitioned  congress  to 
receive  them  into  the  union. 

The  inhabitants  on  the  eastern  side  of  Connecticut  river  w^ere  very  con- 
veniently situated  to  unite  with  those  on  the  western  side,  and  many  of 
them  had  the  same  principles  and  views.  They  argued  that  the  original 
grant  of  New  Hampshire  to  Mason  was  circumscribed  by  a  line  drawn 
at  the  distance  of  sixty  miles  from  the  sea ;  that  all  the  lands  westward 
of  that  line,  being  royal  grants,  had  been  held  in  subjection  to  the  gov- 
ernment of  New  Hampshire  by  force  of  the  royal  commissions,  which 
were  vacated  by  the  assumed  independence  of  the  American  colonies ; 
and  therefore  that  the  inhabitants  of  all  those  lands  had  reverted  to  a 
"state  of  nature."  By  this  expression,  however,  they  did  not  mean  that 
each  individual  was  reduced  to  such  a  state,  but  that  each  town  retained 
its  corporate  unity,  unconnected  with  any  superior  jurisdiction.  They 
distinguished  between  commissions  derived  from  the  king,  which  were 
revokable  at  his  pleasure,  and  incorporations  held  on  certain  conditions, 
which  being  performed,  the  powers  and  privileges  granted  by  the  in- 
corporations were  perpetual.  They  asserted,  that  jurisdictions,  estab- 
lished by  royal  commissions,  could  bind  a  people  together  no  longer 
than  the  force  which  first  compelled  continues  to  operate  ;  but  when 
the  coercive  power  of  the  king  was  rejected,  and  its  operation  had 
ceased,  the  people  had  a  right  to  make  a  stand  at  the  first  legal  stage, 
viz.,  their  town  incorporations.  These,  by  universal  consent,  were 
held  sacred.  Hence  they  concluded  that  the  major  part  of  each  one  of 
those  towns  had  a  right  to  control  the  minor  part ;  and  they  con- 
sidered themselves  as  so  many  distinct  corporations  until  they  should 
agree  to  unite  in  one  aggregate  body. 

In  these  sentiments  the  people  were  not  all  united.  The  majority 
of  some  towns  was  in  favor  of  their  former  connexion,  and  in  those 
towns  where  the  majority  inclined  the  other  way  the  minority  claimed 
protection  of  the  government. 

They  supposed  that  the  existence  of  their  town  incorporations,  and  of 
the  privileges  annexed  to  them,  depended  on  their  union  to  New  Hamp- 


BRIEF    HISTORY    OF    THE    CONTROVERSY.  223 

shire  ;  and  that  their  acceptance  of  the  grants  was  in  effect  an  acknowl- 
edgment of  the  jurisdiction,  and  a  submission  to  the  laws  of  the  state, 
from  which  they  could  not  fairly  be  disengaged  without  its  consent ;  as 
the  state  had  never  injured  or  oppressed  thtm. 

Much  pains  were  taken  by  the  other  party  to  disseminate  the  new 
ideas.  Conventions  were  held,  pamphlets  were  printed,  and  at  length 
a  petition  was  drawn  in  the  name  of  sixteen  towns  on  the  eastern  side 
of  Connecticut  river  requesting  the  new  state,  which  had  assumed  the 
name  of  Vermont,  to  receive  them  into  its  union,  alleging  "  that  they 
were  not  connected  with  any  state,  with  respect  to  their  internal  police." 
The  assembly  at  first  appeared  to  be  against  receiving  them,  but  the 
members  from  those  towns  which  were  situated  near  the  river  on  the 
west  side  declared  that  they  would  withdraw  and  join  with  the  people 
on  the  east  side  in  forming  a  new  state.  The  question  was  then  refer- 
red to  the  people  at  large,  and  means  were  used  to  influence 
a  majority  of  the  towns  to  vote  in  favor  of  the  union  which  June  ii. 
the  assembly  could  not  but  confirm.  The  sixteen  towns 
were  accordingly  received,  and  the  Vermont  assembly  resolved  that 
any  other  towns  on  the  eastern  side  of  the  river  might  be  admitted  on 
producing  a  vote  of  a  majority  of  the  inhabitants,  or  on  the  appoint- 
ment of  a  representative.  Being  thus  admitted  into  the 
state  of  Vermont,  they  gave  notice  to  the  government  of  June  22. 
New  Hampshire  of  the  separation  which  they  had  made,  and 
expressed  their  wish  for  an  amicable  settlement  of  a  jurisdictional  line, 
and  a  friendly  correspondence. 

The  president  of  New  Hampshire,  in  the  name  of  the  assembly, 
wrote  to  the  government  of  Vermont  claiming  the  sixteen  towns  as  part 
of  the  state,  the  limits  of  which  had  been  determined  prior 
to  the  Revolution,  reminding  him  that  those  towns  had  sent  Aug.  23. 
delegates  to  the  Convention  in  1775  ;  that  they  had  applied 
to  the  assembly  for  arms  and  ammunition,  which  had  been  sent  to 
them  ;  that  their  military  officers  had  accepted  commissions  and  obeyed 
orders  from  the  government ;  that  the  minority  of  those  towns  was 
averse  to  a  disunion  and  had  claimed  protection  of  the  state,  which 
the  assembly  thought  themselves  bound  to  afford  ;  and  beseeching  him 
to  use  his  influence  with  the  assembly  of  Vermont  to  dissolve  the  newly 
formed  connexion. 

At  the  same  time  the  president  wrote  to  the  delegates  of  the  state  in 
Congress,  desiring  them  to  take  advice  and  endeavor  to  ob- 
Aug.  19.      tain  the  interposition  of  that  body  ;  intimating  his  apprehen- 
sion that  without  it  the  controversy  must  be  decided  by  the 
sword,  as  every  condescending  measure  had  been  used  from  the  begin- 
ning and  rejected. 

The  governor  and  council  of  Vermont  sent  a  messenger  to  congress 
to  see  in  what  light  the  new  state  was  viewed  by  them.     On  his  return 
he  reported  that  the  congress  was  unanimously  opposed  to  the  union  of 
the  sixteen  towns  with  Vermont ;  otherwise  they  (excepting  the  delegates 
of  New  York)  had  no  objection  to  the  independence  of  the  new  state. 
At  the  next  session  of  the  Vermont  assembly  at  Windsor,  when  the 
representatives  of  the  sixteen  towns  had  taken  their  seats, 
October,      a  debate  arose  on  a  question  whether  they  should  be  erected 
into  a  new  county,  which  passed  in  the  negative.     Conceiv- 
ing that  they  were  not  admitted  to  equal  privileges  with  their  brethren, 
the  members  from  those  towns  withdrew  ;  and  were  followed  by  several 


224  NEW    HAMPSHIRE    GRANTS. 

others  belonging  to  the  towns  adjoining  the  river  on  the  west  side. 
They  formed  themselves  into  a  convention,  and  invited  all  the  towns  on 
both  sides  of  the  river  to  unite  and  set  up  another  state  by  the  name  of 
New  Connecticut.  This  secession  had  nearly  proved  fatal  to  the  state 
of  Vermont.  A  ridge  of  mountains,  which  extends  from  south  to  north 
through  that  territory,  seemed  to  form  not  only  a  natural  but  a  political 
line  of  division.  A  more  cordial  union  subsisted  between  the  people 
on  the  eastern  side  of  the  Green  Mountains  and  the  eastern  side  of 
Connecticut  river,  than  between  the  latter  and  those  on  the  western 
side  of  the  mountains,  but  these  alone  were  insufficient,  without  the 
others,  to  make  a  state.  The  governor  and  other  leading  men  of  Ver- 
mont, who  resided  on  the  west  side  of  the  mountains,  wrote  letters  to 
the  assembly  of  New  Hampshire  informing  them  of  the  separation,  and 
expressing  their  disapprobation  of  a  connexion  with  the  sixteen  towns. 
The  assembly  regarded  these  letters  as  ambiguous,  and  as  not  express- 
ing a  disinclination  to  any  future  connexion  with  them.  Jealousy  is 
said  to  be  a  republican  virtue  ; — it  operated  on  this  occasion,  and  the 
event  proved  that  it  was  not  without  foundation. 

A  convention  of  delegates  from  several  towns  on  both  sides  of  the 
river  assembled  at  Cornish  and  agreed  to  unite  without  any 
Dec.  9.  regard  to  the  limits  established  by  the  king  in  1764,  and  to 
make  the  following  proposals  to  New  Hampshire,  viz.,  either 
to  agree  with  them  on  a  dividing  line,  or  to  submit  the  dispute  to  con- 
gress, or  to  arbitrators  mutually  chosen.  If  neither  of  these  proposals 
were  accepted,  then,  in  case  they  could  agree  with  New  Hampshire  on 
a  form  of  government,  they  would  consent  that  "  The  whole  of  the  grants 
on  both  sides  of  the  river  should  connect  themselves  with  New  Hamp- 
shire, and  become  one  entire  state,  as  before  the  royal  determination 
in  1764."  Till  one  or  otlier  of  these  proposals  should  be  complied 
with,  they  determine  "  To  trust  in  providence  and  defend  themselves." 

An  attempt  was  made  in  the  following  year  to  form  a  constitution  for 
New  Hampshire,  in  which  the  limits  of  the  state  were  said  to  be 
the  same  as  under  royal  government  "  reserving  nevertheless  1779. 
our  claim  to  the  New  Hampshire  Grants  west  of  Connecticut 
river."  Though  this  form  of  government  was  rejected  by  a  majority  of 
the  people,  yet  there  was  a  disposition  in  a  great  part  of  the  assembly 
to  retain  their  claim  to  the  whole  of  the  grants  westward  of  the  river. 
At  the  same  time  the  state  of  New  York  set  up  a  claim  to  the  same 
lands,  and  it  was  suspected,  perhaps  not  without  reason,  that  intrigues 
were  forming  to  divide  Vermont  between  New  Hampshire  and  New 
York,  by  the  ridge  of  mountains  which  runs  through  the  territory. 
Certain  it  is  that  the  Vermonters  were  alarmed,  and  that  they  might 
have  the  same  advantage  of  their  adversaries  they  extended  their  claim 
westward  into  New  York  and  eastward  into  New  Hampshire ;  and  thus 
not  only  the  sixteen  towns,  but  several  other  towns  in  the  counties  of 
Cheshire  and  Grafton,  became  incorporated  with  Vermont  by  articles  of 
union  and  confederation. 

It  is  not  easy  to  develop  the  intrigues  of  the  several  parties,  or  to 
clear  their  transactions  from  the  obscurity  which  surrounds  them.  He 
who  looks  for  consistency  in  the  proceedings  of  the  conventions  and 
assemblies  which  were  involved  in  this  controversy  will  be  disappointed. 

Several  interfering  interests  conspired  to  perplex  the  subject.  The 
people  on  the  western  side  of  the  Green  Mountains  wished  to  have  the 
seat  of  government  among  them ;  those  adjoining  Connecticut  river,  on 


BRIEF    HISTORY    OF    THE    CONTROVERSY.  225 

both  sides,  were  desirous  of  bringing  the  centre  of  jurisdiction  to  the 
verge  of  the  river;  the  leading  men  in  the  eastern  part  of  New  Hamp- 
shire were  averse  to  a  removal  of  the  government  from  its  old  seat ; 
Vermont  had  assumed  independence,  but  its  limits  were  hot  defined; 
New  York  had  a  claim  on  that  territory  as  far  as  Connecticut  river,  from 
which  there  was  no  disposition  to  recede.  That  state  had  been  always 
opposed  to  the  independence  of  Vermont. 

New  Hampshire  at  first  seemed  to  acquiesce  in  it,  and  some  letters 
Vy'hich  the  President  wrote  to  the  governor  of  Vermont,  when  threatened 
with  invasion  in  1777,  were  understood  as  an  acknowledgment  of  it. 
Had  there  been  no  attempt  to  unite  with  the  towns  on  the  eastern  side 
of  the  river.  New  Hampshire  would  perhaps  never  have  opposed  the 
independence  of  Vermont.  But  the  assembly  was  afterward  induced 
to  claim  all  that  territory  which  before  the  year  1764  had  been  supposed 
to  be  within  the  limits  of  the  state.  This  interfered  with  the  claim  of 
New  York,  and  at  the  same  time  Massachusetts  put  in  a  claim  to  a  part 
of  Vermont.  The  controversy  had  become  so  intricate  that 
it  was  thought  necessary  to  be  decided  by  congress  ;  and  ap-  Sept.  24. 
plication  being  made  to  that  body,  they  recommended  to 
the  three  states  of  New  York,  Massachusetts,  and  New  Hampshire  to 
pass  acts  which  should  authorize  congress  to  determine  their  bounda- 
ries, and  at  the  same  time  they  advised  the  people  of  Vermont  to  relin- 
quish jurisdiction  over  all  persons  on  the  west  or  east  sides  of  Connecti- 
cut river  who  had  not  denied  the  authority  of  New  York  and  New 
Hampshire,  and  to  abstain  from  granting  lands  or  confiscating  estates 
within  their  assumed  limits  till  the  matter  should  be  decided. 

The  states  of  New  York  and  New  Hampshire  passed  these  acts,  but 
Massachusetts  did  not.  The  Vermont  assembly  proceeded  in  granting 
lands  and  confiscating  estates,  and  congress  could  only  resolve  that 
their  proceedings  were  unwarrantable. 

It  was  necessary  that  nine  states  should  be  present  in  congress,  be- 
sides those  whose  claims  were  to  be  heard.     A  deficiency  in  the  repre- 
sentation caused  a  long  delay  ;  but  after  the  expiration  of  another  year, 
the  question  was  brought  on.     The  claims  of  New  York  and 
New  Hampshire  were  put  in,  and  both  pleaded  that  Vermont        1780. 
had  no  right  to  independence.     The  agents  of  the  new  state     Sept.  20. 
asserted  their  right,  and  offered  to  become  part  of  the  Union, 
intimating  that  if  they  could  not  be  admitted  they  should  be  reduced  to 
the  necessity  of  making  the  best  terms   [they  could  with]   the  British 
government. 

The  cause  was  further  perplexed  by  a  constitutional  question, — wheth- 
er congress  had  any  power  to  form  a  new  state  within  the  lim- 
its  of  the  Union.     The   decision  was   deferred,   and   after        1781. 
eleven  months  congress  had  proceeded  no  farther  than  to  lay     Aug.  20. 
it  down  as  an  indispensable  preliminary  to  the  recognition 
of  Vermont  as  a  member  of  the  Union  that  they  should  "  explicitly  re- 
linquish all  demands  of  land  and  jurisdiction  on  the  east  side  of  Con- 
necticut river,  and  on  the  west  side  of  a  line  drawn  twenty  miles  east- 
ward of  Hudson's  river  to  Lake  Champlain.'" 

When  this  resolution  was  laid  before  the  Assembly  of  Vermont,  which 
met  at  Charlestown,  they  determined  to  "  remain  firm  in  the  principles 
on  which  they  first  assumed  government,  and  to  hold  the  arti- 
cles of  union  inviolate;  that  they  would  not  submit  the  ques-     Oct.  19. 
tion  of  their  independence  to  the  arbitrament  of  any  power 

15 


226  NEW   HAMPSHIRE    GRANTS. 

whatever,  but  they  were  willing  at  present  to  refer  the  question  of  their 
jurisdictional  boundary  to  commissioners,  mutually  chosen ;  and  when 
they  should  be  admitted  into  the  American  Union,  they  would  submit 
any  such  disputes  to  congress." 

The  state  of  society  within  the  seceding  towns  at  this  time  was  very 
unhappy.  The  majorities  attempted  to  control  the  minorities,  and 
these  were  disposed  not  to  submit,  but  to  seek  protection  of  the  gov- 
ernment with  which  they  had  been  connected.  At  the  same  time  and 
in  the  same  place  justices,  sheriffs,  and  constables,  appointed  by  the 
authority  of  both  states,  were  exercising  jurisdiction  over  the  same  per- 
sons. Party  rage,  high  words,  and  deep  resentment  were  the  effect  of 
these  clashing  interests.  An  affray  which  began  in  the  town  of  Ches- 
terfield threatened  a  scene  of  open  hostility  between  the  states  of  New 
Hampshire  and  Vermont. 

A  constable,  appointed  by  the  authority  of  Vermont,  had  a  writ  in  an 
action  of  debt  against  a  man  who  was  in  the  interest  of  New  Hampshire. 

He  found  the  man,  in  company  with  a  number  of  people  of 
Nov.  14.     his  own  party,  and  attempted  to  arrest  him.     The  owner  of 

the  house  interposed.  The  constable  produced  a  book,  which 
he  said  contained  the  laws  of  Vermont,  and  began  to  read.  The  owner 
of  the  house  forbade  him.  Threatening  words  were  used,  and  the  offi- 
cer was  compelled  to  retreat.  By  a  warrant  from  a  Vermont  justice, 
the  householder  and  another  of  the  company  were  committed  to  prison 
in  Charlestown.  They  sent  a  petition  to  the  assembly  of  New  Hamp- 
shire for  relief.     The  assembly  empowered  the  Committee  of  Safety  to 

direct  the  sheriff  of  Cheshire  to  release  the  prisoners.  They 
Nov.  28.     farther  empowered  the  committee  to  cause  to  be  apprehended 

and  committed  to  prison  in  any  of  the  counties  all  persons 
acting  under  the  pretended  authority  of  the  state  of  Vermont,  to  be 
tried  by  the  courts  of  those  counties  where  they  might  be  confined ; 
and  for  this  purpose  the  sheriffs  were  empowered  to  raise  the  posse 
comitatiis. 

In  attempting  to  release  the  two  prisoners  from  Charlestown  gaol  the 
sheriff  himself  was  imprisoned  by  the  Vermont  sheriff,  under  the  author- 
ity of  a  warrant  from  three  justices.  The  imprisoned  sheriff  applied  to 
a  brigadier-general  of  New  Hampshire  to  raise  the  militia  for  his  libera- 
tion. This  alarmed  the  Vermonters,  and  orders  were  issued 
1782.  by  the  governor  for  their  militia  to  oppose  force  with  force. 
Jan.  12.  A  committee  of  Vermont  was  sent  to  Exeter  "to  agree  on 
measures  to  prevent  hostilities."  One  of  this  committee  was 
the  Vermont  sheriff.  He  was  immediately  arrested  and  thrown  into 
prison  at  Exeter,  and  there  held  as  a  hostage  for  the  release  of  the 
sheriff  of  Cheshire.  The  assembly  issued  a  proclamation  allowing  forty 
days  for  the  people  in  the  revolted  towns  to  repair  to  some  magistrate 
of  New  Hampshire,  and  subscribe  a  declaration  that  they  acknowledged 
the  extent  of  New  Hampshire  to  Connecticut  river,  and  that  they  would 
demean  themselves  peaceably  as  good  citizens  of  the  state.  They  also 
ordered  the  militia  of  all  the  counties  to  hold  themselves  in  readiness  to 
march  against  the  revolters. 

While  affairs  wore  such  a  threatening  aspect  between  the  two  states, 
means  were  used  at  congress  to  take  up  the  controversy  on  more  general 
ground.  A  committee  who  had  under  consideration  the  affair  of  admit- 
ting Vermont  into  the  Union  and  determining  its  boundaries,  prevailed 
on  General  Washington,  then  at  Philadelphia,  to  write  to  the  governor 


BRIEF   HISTORY    OF    THE    CONTROVERSY.  22/ 

of  Vermont,  advising  to  a  relinquishment  of  their  late  exten- 
sion as  an  "  indispensable  preliminar\'"  to  their  admission  into     Jan.  i, 
the  Union,  intimating,  also,  that  upon  their  non-compliance     1782. 
they  must  be  considered  as  having  a  hostile  disposition  tow- 
ards the  United  States,  in  which  case  coercio7i  on  the  part  of  congress, 
however  disagreeable,  would  be  necessary.* 

This  letter  had  the  desired  eiTect.  The  assembly  of  Vermont,  taking 
advantage  of  the  absence  of  the  members  from  the  eastern 
side  of  the  river,  obtained  a  majority  for  complying  with  the  Feb.  22. 
preliminary,  and  resolved  "that  the  western  bank  of  Con- 
necticut river  on  the  one  part,  and  a  line  drawn  from  the  north-west 
corner  of  Massachusetts  northward  to  Lake  Champlain  on  the  other 
part,  be  the  eastern  and  western  boundaries  of  the  state  of  Vermont,  and 
that  they  relinquished  all  claim  of  jurisdiction  without  those  limits." 
When  the  members  from  the  eastern  side  of  Connecticut  river  arrived, 
they  found  themselves  excluded  from  a  seat  in  the  assembly,  and  took 
their  leave  with  some  expressions  of  bitterness. 

After  this  compliance,  it  was  expected  that  Vermont  would  be  admit- 
ted into  the  Union,  and  the  question  was  solemnly  put  in  congress  ;  but 
a  majority  decided  against  it,  to  the  no  small  disappointment 
of  many  persons,  beside  the  inhabitants  of  the  disputed  terri-  Apr.  14. 
tory.  The  pretence  for  this  decision  was,  that  they  had  ex- 
ceeded the  limited  time  ;  but  they  had  complied  wuth  the  "  indispensable 
preliminary,"  and  the  order  of  congress  requiring  it  stood  unrepealed. 

Though  cut  off  from  their  connexion  with  Vermont,  the  revolted  towns 
did  not  at  once  return  to  a  state  of  peace  ;  but  the  divisions  and  ani- 
mosities which  had  so  long  subsisted  continued  to  produce  disagreeable 
effects.  The  judicial  courts  of  New  Hampshire  had  sat  without  much 
interruption  in  the  counties  of  Cheshire  and  Grafton,  whilst  the  officers 
of  Vermont  held  jurisdiction  also;  but  when  the  latter  were  excluded 
by  the  act  of  the  Vermont  assembly,  a  spirit  of  opposition  began  to  arise 
against  the  sitting  of  the  former. 

When  the  inferior  court  was  holden  at  Keene,  a  number  of  persons 
appeared  to  oppose  its  proceedings,  and  effected  their  purpose  so 
far  as  to  make  an  adjournment  necessary  ;  but  three  of  the  lead-     Sept. 
ers  of  the  opposition  were  arrested  and  bound  over  to  the  supe- 
rior court.     In  the  mean  time  efforts  were  made  to  raise  a  party  who 
should  oppose  the  superior  court ;  and  it  was  reported  that  two  hundred 
men  had  associated  and  armed  themselves  for  that  purpose.     On 
the  morning  before  the  court  was  opened  several  of  the  leaders     Oct. 
came  to  the  judge's  chambers,  and  presented  a  petition  praying 
"that  the  court  might  be  adjourned,  and  that  no  judicial  proceedings 
might  be  had  whilst  the  troubles  in  w'hich  the  country  had  been  involved 
still  subsisted."     They  were  told  that  the  judges  could  come  to  no  de- 
termination on  the  subject  but  in  open  court.     When  the  court  was 
opened  their  petition  was  publicly  read,  and  the  consideration  of  it  was 
postponed  to  the  next  day.     The  court  then  proceeded  to  its  common 
business.     The  grand  jury  being  impanneled,  the  doors  of  the  house 
where  they  met  were  kept  open  whilst  the  attorney-general  laid  before 
them  the  case  of  the  rioters  at  the  inferior  court.     A  bill  was  found 
against   them.     They  were  arraigned,  they  pleaded   guilty,  and   cast 

*  The  letter  of  General  Washington  will  be  found  among  the  papers  which  follow,  in  its 
proper  place. — Ed. 


228  NEW   HAMPSHIRE   GRANTS. 

themselves  on  the  mercy  of  the  court.  The  court  remitted  their  punish- 
ment on  condition  of  their  future  peaceable  behaviour.  This  well-judged 
combination  of  firmness  and  lenity  disarmed  the  insurgents,  and  they 
quietly  dispersed.  From  that  time  the  spirit  of  opposition  to  governrpent 
in  that  quarter  gradually  abated,  and  the  people  returned  to  their  con- 
nexion with  New  Hampshire. 


SECTION    IV. 


Discontent  in  the  Border  Towns  of  New  Hampshire 
LYING  East  of  Connecticut  River. 


Note  by  the  Editor. 

Readers  will  please  bear  in  mind  that  on  the  5th  of  January,  1776, 
the  general  assembly  of  New  Hampshire  "  took  up  civil  government," 
and  adopted  what  was  called  a  "temporary  constitution, ''  to  continue 
during  the  war  then  commenced  with  Great  Britain  (see  State  Pap.  N. 
H.,  vol.  VIII,  pp.  2-4).  Soon  after,  they  assumed  the  name  of  the 
"State  of  New  Hampshire,"  of  which  Hon.  Meshech  Weare  was  the 
chief  magistrate,  with  the  title  of  "President  of  the  Council."  This 
temporary  constitution,  it  appears,  was  not  acceptable  to  a  portion  of 
the  people. 

Extract  of  a  Letter  from  Hon.  Meshech  Weare  to  New  Hamp- 
shire Delegates  m  Co7igresSy^  dated 

Exeter,  Decem^^  I6*^  1776. 
Gentlemen — 

"  I  enclose  you  an  Address  of  Several  Towns  in  the 
County  of  Grafton  to  the  people  at  large  (fabricated  I  sup- 
pose at  Dartmouth  College)  and  calculated  to  stir  up  con- 
tention &  animosities  among  us  at  this  difficult  time :  Espe- 
cially as  our  Government  is  only  temporary  &  the  state  of 
matters  not  allowing  a  Revisal.  However  this  Pamphlet 
with  the  assiduity  of  the  College  Gentlemen,  has  had  such 
an  effect  that  almost  the  whole  County  of  Grafton,  if  not  the 
whole,  have  refused  to  send  members  to  the  new  Assembly, 
which  is  to  meet  next  Wednesday."         [M.  W.] 

♦This  letter  is  found  in  State  Pap.  N.  H.,  vol.  VIII,  p.  420.— Ed. 


DISCONTENT   IN    BORDER   TOWNS.  229 

[The  following  is  an  exact  copy  of  the  said  printed  Address  :] 

An  I  ADDRESS  |  of  the  |  INHABITANTS  |  of  the  ]  Towns  |  of 
Plainfield,  Lebanon,  Enfield,  (alias  Relhan)  Canaan,  Cardigan, 
Hanover,  Lime,  Orford,  Haverhill,  Bath,  and  Landaff,  to  the 
Inhabitants  of  the  several  Towns  in  the  Colony  of  New-Hampshire.  | 
NORWICH:!  Printed  by  JOHN   TRUMBULL,  m,dcc,lxxvi. 

The  INHABITANTS  of  a  Number  of  Towns  in  the  Colony  of 
Ne'w-Ha7npshire,  to  the  People  of  the  several  Towns  throughout  said 
Colony. 

Friends  and  Brethren. 

THE  important  Crisis  is  now  commenced  wherein  the  providence  of 
God  ;  the  Grand  Continental  Congress  ;  and  our  necessitous  cir- 
cumstances, call  upon  us  to  assume  our  natural  right  of  laying  a  founda- 
tion of  Civil  Government  within  and  for  this  Colony. — Our  anxious 
concern  how  the  present  time  may  be  improved,  whenever  we  are  act- 
ing, not  only  for  ourselves,  but  ages  yet  unborn ;  and  on  which  the  fate 
of  posterity  politically  depends,  imbolden  us  to  address  you  in  this  man- 
ner upon  the  important  subject.  How  many  millions  are  there  in  the 
world,  who  would  count  nothing  in  this  life,  too  dear  to  part  with,  if 
they  might  arrive  at  such  a  period  :  and  yet  how  frequent  are  the  in- 
stances, wherein  such  golden  opportunities  have  been  lost,  principally 
through  the  inattention  of  the  people  :  whereby  ambitious  and  designing 
men  have  inshralled  [inthralled]  whole  Kingdoms  and  Empires  ;  and 
thereby  brought  them  to  ruin  and  destruction.  The  Tyrant  would  never 
rise,  nor  the  Oppressor  reign,  were  it  not  for  the  pusillanimous  submis- 
sion of  the  people,  who  have  it  in  their  power  to  prevent  them,  and  ought 
to  hold  the  reins  of  Government  in  their  own  hands.  Freedom  and  lib- 
erty never  can  be  lost,  nor  gained  in  the  hands  of  Tyrants,  but  by  the 
tame  submission  of  the  subject,  or  through  their  criminal  neglect,  or 
inattention :  and  are  seldom  if  ever  regained,  but  by  bloody  conflicts. 
Witness  the  present  day.  Who  could  have  thought,  even  less  than 
twenty  years  ago,  that  arbitrary  power  and  oppression  could  have 
reigned  predominant  in  one  of  the  best  constitutions  (as  supposed)  in 
the  world,  in  so  short  a  time  ;  but  not  more  strange  than  true.  This 
in  part,  may  be  accounted  for  by  the  parliament's  giving  up  into  the 
hands  of  the  King  such  power  and  influence ;  but  principally  by  the 
criminal  neglect,  if  nothing  worse,  of  the  people  ;  who  have  the  right  of 
constituting  one  main  branch  of  the  British  parliament.  It  may  be  ob- 
served, as  a  self-evident  proposition,  that,  whenever  a  people  give  up 
their  right  of  representation,  they  consequently  give  up  all  their  rights 
and  privileges ;  this  being  the  inlet  or  door  to  arbitrary  power  and  op- 
pression ;  therefore  upon  the  present  exigency  of  affairs,  it  behooves 
every  individual,  who  is  a  subject  of  Government,  to  attend  to  the 
important  business — see  and  act  for  himself.  No  one  is  excused,  as  we 
are  all  upon  an  equal  footing,  and  all  equally  interested. — Therefore  let 
us,  like  free  born  Americans,  know  our  rights  and  privileges,  and  like 
rational  men  act  up  to  our  exalted  character. — Let  us  not  give  occasion 

I  Norwich,  Connecticut. 


230  NEW    HAMPSHIRE    GRANTS. 

to  our  neighbours  or  posterity  to  reproach  us,  by  saying,  that  we  made  a 
glorious  stand  against  the  strides  of  arbitrary  power,  and  oppression ; 
and  with  our  blood  and  treasure  gained  the  happy  conquest,  but  in  the 
first  advance  we  made  towards  establishing  a  constitution  for  ourselves 
and  posterity,  we  either  inadvertently  or  carelessly,  gave  up  our  most 
essential  rights  and  liberties ;  or  rather  that  we  did  nothing  to  preserve 
them. — Upon  these  considerations,  Brethren,  are  we  induced  to  treat 
with  you  freely  upon  this  subject ;  which  leads  us  to  a  particular  inquiry 
into,  and  observations  upon  the  present  state  and  circumstances  of  the 
Colony. 

And  1st.  We  shall  all  doubtless  agree,  that  the  former  government  of 
this  Colony  was  in  a  manner  absolute  ;  perhaps  more  so  than  any  of  the 
united  Colonies  especially  in  point  of  representation,  which  was  solely 
under  the  controul  of  the  chief  Magistrate  of  the  Colony ;  and  that  it 
was  owing  to  the  goodness  of  the  ruler  that  we  did  not  feel  the  whole 
weight  of  the  iron  rod,  that  was  thereby  put  into  his  hands  :  and  also 
that  the  whole  intention  of  the  people  now  is  to  abolish  the  old,  and 
form  a  new  Government  upon  a  republican  establishment,  a  design  the 
most  noble  ;  a  free  people  governing  themselves  by  their  own  laws  &c. 
It  will  also  be  allowed  no  doubt,  that  as  the  Colony  hath  formerly  been 
divided  into  Counties,  Towns  and  districts,  for  the  convenient  and  reg- 
ular governing  the  same,  they  will  still  act  as  such.  Therefore,  if  there 
was.  nothing  more  in  the  way,  we  should  likewise  be  agreed  to  take  the 
necessary  step  for  a  remedy  in  the  case,  which  naturally  arises  ;  ■  (viz) 
as  the  body  is  too  large  and  numerous  to  act  individually,  that  the  peo- 
ple elect  their  Representatives,  and  appoint  them  a  time  and  place,  to 
assemble  together,  for  the  purpose  of  laying  a  foundation  or  form  of 
civil  Government,  throughout  the  Colony.  But  we  are  not  insensible 
that  there  are  several  objections  and  embarrassments  in  the  way;  and 
by  many,  perhaps,  thought  to  be  weighty  and  important;  which,  if  re- 
moved, will  clear  the  way  for  our  unanimous  proceeding.  Therefore, 
we  shall  endeavor  to  consider,  and  remove  them  by  fair  and  reasonable 
observation. 

In  the  first  place  it  will  be  objected  no  doubt,  that  there  is  now  sub- 
sisting in  the  Colony,  an  Assembly,  lately  appointed  by  the  people ; 
who  have  formed  themselves  into  a  Council,  and  House  of  Assembly 
(as  they  stile  themselves)  and  that  said  Assembly  have  already  formed 
a  plan  for  electing  a  new  Assembly,  this  insuing  fall,  for  the  then  insu- 
ing  year:    And,  therefore,  it  would  be  preposterous,  now  to  appoint  a 

new  Assembly,  &c. To  which  we  answer,  ist.  That,  at  the  time, 

when  the  members  of  said  Assembly  were  elected,  the  reasons,  which 
make  it  now  necessary  that  an  Assembly  should  be  appointed,  did  not 
exist :  As  the  reasons  for  calling  said  Assembly  then,  and  the  purpose, 
for  which  they  were  appointed,  was  only  of  a  temporary  duration  ;  (viz.) 
to  act  in  the  exigences  of  the  Colony,  under  their  distressed  and  difficult 
circumstances,  as  the  case  might  require.  No  one  we  believe  thought 
at  that  time,  they  were  appointed  to  institute  a  lasting  plan  of  Civil 
Government  for  the  Colony ;  especially,  independant  of,  and  in  contra- 
distinction to  the  Crown  of  Great  Britain ;  therefore  they  were  not 
elected  for  the  purpose  ;  and  consequently  have  not  the  power  that  an 
Assembly  now  ought  to  have. 

A  FORMER  Convention  sitting  in  the  Colony  elected  much  as  it 
chanced  to  happen  under  our  then  broken  and  confused  circumstances, 
assumed  to  themselves  the  prerogative  to  regulate  and  determine  how 


DISCONTENT    IN    BORDER   TOWNS.  23 1 

and  in  what  manner  the  present  Assembly  should  be  elected,  omitting 
some  towns,  uniting  half  a  dozen  others  together,  for  the  purpose  of 
sending  one  member  only  ;  granting  to  some  the  libert}-  of  sending  one, 
and  to  some  towns  two,  and  others  three,  confining  the  electors  in  their 
choice  of  a  Representative  to  persons  of  ^200  estate  and  so  on,  in  that 
manner,  as  they  of  their  sovereign  pleasure  thought  fit  to  dictate,  and 
accordingly  thus  sent  out  their  precepts  ;  in  which  way  and  manner  the 
present  Assembly  were  elected  :  By  which  means,  many  towns  are 
deprived  of  any  representation  at  all,  and  many  others  so  in  effect : 
And  therefore,  the  Colony  is  far  from  being  properly  represented.  On 
this  point  we  are  acquainted,  that  those,  who  are  in  favour  of  the  pres- 
ent Assembly,  have  much  to  say,  though  we  apprehend  but  little  to  the 
purpose.  It  is  argued  in  the  first  place,  that  when  there  is  a  number  of 
towns,  of  which  the  inhabitants  are  not  more  numerous  than  some  one 
other  town,  that  it  is  not  reasonable  they  should  have  a  greater  number 
of  Representatives — To  which  we  answer,  i.  That  the  number  of  inhab- 
itants in  this  case,  in  point  of  right,  argues  nothing  in  favour  of  the 
proposition ;  for  every  body  politic  incorporated  with  the  same  powers 
and  privileges,  whether  large  or  small,  are  legally  the  same.  We  may 
with  the  same  parity  of  reasoning  as  well  argue,  that  a  small  body  con- 
sisting of  all  the  constituent  parts  of  a  man,  is  not  a  man ;  because 
there  are  others  of  the  same  species  of  a  much  larger  size  :  Or  that  a 
person  at  the  age  of  twenty  one,  is  not  legally  capable  of  acting,  because 
there  are  others  of  fifty  or  sixty,  that  can  do  no  more. — The  arguments 
may  as  well  be  applied  in  another  case  as  follows,  (viz.)  That  a  person, 
of  a  large  estate  in  a  community,  should  have  the  privilege  of  voting 
equal  to  half  a  dozen  others  of  small  estates  :  Yet  we  believe  even  those 
that  are  most  sanguine  for  the  argument,  will  not  insist  upon  it ;  al- 
though we  cannot  see  if  they  gain  the  first,  why  they  may  not  the  latter. 
Notwithstanding,  we  do  not  deny,  but  the  legislative  body  may,  in  point 
of  prudence,  grant  to  the  large  capital  towns  in  the  Colony  some  greater 
privileges  in  this  respect,  than  the  other  towns  have ;  but  to  unite  half 
a  dozen  or  more  towns  together,  equally  privileged,  in  order  to  make 
them  equal  to  some  one  other  town,  is  a  new  practice  in  politics.  We 
may  as  well  take  the  souls  of  a  number  of  different  persons  and  say  they 
make  but  one,  while  yet  they  remain  separate  and  difterent,  as  in  a  po- 
litical sense  to  compound  a  number  of  different  corporate  bodies  into 
one,  and  yet  they  remain  distinct.  The  very  idea  destroys  their  being ; 
but  this  manner  of  arguing  is  only  begging  the  question  :  For  even 
granting  for  argument  sake,  that  it  is  reasonable  that  some  one  town  in 
the  Colony  ought  to  have  as  large  a  part  in  the  representative  body,  as 
half  a  dozen  others,  or  nearly  as  a  whole  county ;  (which  is  the  case  in 
the  present  Assembly  and  that  County  too  consists  of  above  forty  towns, 
the  most  of  which  are  very  considerably  settled)  yet  our  assertion 
holds  good ;  (viz.)  That  no  person  or  body  corporate,  can  be  deprived 
of  any  natural  or  acquired  right  without  forfeiture  or  voluntary  surrender, 
neither  of  which  can  be  pretended  in  the  present  case  :  Therefore,  they 
who  espouse  the  argument,  are  necessarily  driven  to  adopt  this  princi- 
ple ;  (viz.)  that  one  part  of  the  Colony  hath  a  right  to  curtail  or  deprive 
the  other  part  of  their  natural  and  acquired  rights  and  privileges,  even 
the  most  essential,  without  their  consent.  The  argument  is  so  absurd, 
that  we  shall  only  say,  that  they  who  advance  such  doctrines,  and  main- 
tain them,  are  rank  Tories,  in  the  modern  sense  of  the  phrase.  If  this 
principle  must  take  place,  we  had  better  lay  down  our  arms,  and  spend 


232  NEW    HAMPSHIRE    GRANTS. 

no  more  precious  blood  and  treasure  in  the  contest ;  for  it  is  only  de- 
stroying with  one  hand,  and  setting  up  the  same  thing  or  that  which  is 
worse  with  the  other ;  they  who  will  tamely  submit  to  such  a  govern- 
ment as  this,  deserves  not  a  cohabitation,  amongst  a  free  people.  Be- 
sides, if  there  is  any  reason,  why  one  town  should  have  a  greater  share 
of  representation  than  another,  it  must  be  done  by  enlarging  their  privi- 
leges, and  not  by  curtailing  the  others. 

We  proceed  2dly,  to  take  notice  of  the  proceedings  of  said  Assembly, 
which  we  think  will  serve  much  to  the  removing  the  objection,  i.  Ob- 
serve, that  the  precepts  issued  out  for  calling  said  Assembly,  directed 
the  people  to  elect  Representatives  to  sit  in  Congress,  with  power,  if 
thought  advisable,  to  form  themselves  into  a  House  of  Representatives 
for  said  Colony  ;  and  the  first  step  after  they  had  thus  formed  themselves, 
was  to  elect,  principally  if  not  wholly,  from  among  themselves,  a  certain 
number,  called  a  Council,  thus  dividing  the  representative  body  into 
two  parts,  assuming  the  title  of  Council  and  Assembly  of  the  Colony, 
&c. — How  such  a  plan  of  formation  came  first  into  consideration,  we 
leave  for  others  to  judge  :  For  our  part  we  think,  that  if  it  was  neces- 
sary for  part  of  the  representative  body  to  be  set  apart  in  that  capacity, 
it  was  more  necessary  that  they  should  have,  in  the  first  place,  appointed 
some  person,  whom  they  might  have  had  to  council  and  advise.  We 
can  hardly  think,  that  at  the  time  of  their  election,  the  invention  of 
their  constituents  so  fruitful,  or  that  they  were  by  them  thus  instructed. 
Perhaps  they  might  think  they  were  imitating  a  neighbouring  Colony, 
but  the  case  is  very  different,  as  the  other  government  acted  by  ancient 
practices  and  charters ;  but  this  was  by  mere  institution. 

2.dly.  It  appears  by  their  publications,  that  the  next  principal  step 
was  to  settle  the  plan  of  representation  for  the  future.  Whereby  they 
established  their  new  mode  of  government ;  and  for  this  purpose  direct 
the  people  in  the  colony,  in  some  future  time,  to  elect  twelve  persons  in 
the'Colony  to  be  a  Council,  (viz.)  Five  in  the  county  of  Rockingham  ; 
two  in  the  county  of  Hillsborough  ;  two  in  the  county  of  Strafford  :  two 
in  the  county  of  Cheshire  :  and  one  in  the  county  of  Grafton  :  And  as  to 
the  representative  body,  that  is  to  be  elected  in  such  a  way  and  manner, 
as  the  present  Assembly  shall  see  cause  to  direct.  This  precedent  to 
us,  not  only  appears  novel  and  unintelligible,  but  alarming ;  for  in  all 
governments  where  the  people  elect  their  Council,  they  chuse  them  at 
large,  without  restrictions  to  any  particular  part  of  the  Colony.  It  is 
true,  there  is  a  practice  in  the  Massachusetts-Bay,  which  at  first  view 
seems  to  be  somewhat  similar,  but  essentially  different ;  which  is  this, 
that  upon  their  receiving  their  latest  charter,  there  was  a  union  of  two 
antient  governments ;  in  settling  of  which  it  was  stipulated  between 
them,  that  there  should  be  such  a  number  of  counsellors  in  one,  and 
such  a  number  in  the  other,  and  such  a  number  at  large  ;  which  in  no 
way  resembles  the  present  case  :  And  we  might  with  as  much  propriety 
limit  the  Council  to  particular  towns  as  counties. 

idly.  We  are  at  a  loss  by  the  modling  of  this  Council,  what  they 
would  be  aiming  at.  At  first  view  we  should  conjecture,  that  they  in- 
tended to  arrange  them  in  such  a  manner,  (according  to  their  plan  of 
representation)  as  equally  to  represent  the  people  in  the  Colony;  but 
when  we  observe  the  title  they  have  given  them,  it  appears  this  cannot 
be  their  intention ;  for  by  it  they  not  only  exclude  them  from  the  repre- 


DISCONTENT   IN   BORDER   TOWNS.  233 

sentative  body,  but  even  the  Assembly  itself — stiling  them  when  acting 
in  conjunction  with  the  Representatives,  The  Council  and  Assembly  of 
the  Colony,  &c.  But  we  shall  leave  that  matter  for  their  future  explana- 
tion, and  only  add,  that  if  they  are  not  part  of  the  Assembly,  they 
ought  not  to  have  a  political  being  in  the  Colony. 

^jdly.  It  is  alarming,  in  that  it  appears  from  the  whole  face  of  the 
thing,  that  monopolizing  and  aggrandisement  are  the  principal  objects 
in  view  ;  and  that  this  new  mode  of  government  is  a  little  horn,  growing 
up  in  the  place  where  the  other  was  broken  off;  for  by  this  plan,  the 
majority  of  the  Council  are  to  be  chosen  out  of  a  part  of  the  Colony ; 
perhaps  not  more  than  one  fourth  part  of  the  extension  of  inhabited 
territory  in  the  Colony :  And  as  the  same  power  that  formed  the  Coun- 
cil are  to  regulate  the  representative  body,  we  may  depend  upon  it  that 
their  conduct  will  be  all  of  a  piece  so  as  to  support  their  new  formed 
and  instituted  body ;  as  they  have  reserved  to  themselves  the  power  of 
regulating  this  matter,  as  their  wisdom  and  soverign  pleasure  shall 
dictate.  If  they  meant  to  establish  a  plan  for  future  representation, 
why  was  it  not  put  on  some  equal  footing  or  rule,  whereby  the  people 
might  be  able  to  judge  of  its  propriety,  and  know  when  they  acted  upon 
it  or  not?  But  as  the  case  now  is,  if  any  town  or  number  of  towais  are 
neglected,  or  deprived  of  having  a  Representative,  the  only  remedy  is 
to  go  with  a  petition  or  complaint  to  the  new  erected  house,  praying 
for  redress  &c.  And  what  may  be  expected  for  answer?  If  it  is  rational 
it  will  be  this  only ;  that  it  was  not  the  sovereign  pleasure  of  the  former 
Assembly  that  you  should  be  represented  ;  which  will  be  a  full  answer. 
Pray  where  is  the  difterence  between  this  establishment  and  the  former 
one,  so  much  complained  of,  except  that  the  Governor  had  the  power  in 
the  former,  and  a  number  of  persons  in  the  latter.  Much  more  might 
be  offered,  to  obviate  the  objection,  but  we  think  what  is  said  already 
is  sufficient :  And  shall  now  proceed  to  some  others,  idly.  It  is  ob- 
jected by  some,  that  a  large  and  full  representation  will  be  more  ex- 
pensive, and  a  small  number  can  do  the  business  sufficiently. — To  which 
we  answer — by  the  same  parity  of  reasoning  we  may  say,  that  one  man 
is  sufficient  to  do  the  business,  which  will  make  a  greater  saving  still, 
and  so  put  out  our  own  eyes,  and  trust  to  others  to  lead  us.  But  re- 
member, he  that  gave  up  his  birthright  for  a  small  mess  of  pottage,  had 
his  fate  into  the  bargain,  that  his  brother  should  rule  over  him. — We 
believe  this  objection  arises  principally  for  want  of  a  just  estimate  of  so 
invaluable  a  privilege — the  other  Colonies  have  thought  it  necessary, 
and  actually  made  it  a  precedent,  that  every  incorporated  town,  or  dis- 
trict, should  be  represented  by  one  member  at  least,  and  generally  two. 
And  it  may  be  observed,  almost  universally,  that  where  there  is  a  full 
representation,  the  people  chearfully  submit  to  whatever  is  done  :  But 
especially,  in  laying  the  foundation  of  government,  and  establishing  a 
constitution.  We  think  it  of  the  utmost  importance,  that  every  inhab- 
ited town  have  the  liberty,  if  they  please,  of  electing  one  member,  at 
least,  to  make  up  the  legislative  body — As  it  may  be  much  questioned,  if 
any  one  distinct  corporate  body  be  neglected,  or  deprived  of  actual  rep- 
resentation, whether,  in  that  case,  they  are  any  ways  bound,  or  included 
by  what  the  others  may  do  :  Certainly,  if  they  are  considered  in  a  state 
of  nature,  they  are  not:  No,  not  even  an  individual  person.  But  sup- 
pose it  should  be  thought  prudent  at  any  time,  by  the  legislative  body, 
to  restrict,  or  lessen  the  number  of  representatives  ;  it  is  absolutely 
necessary  that  the  w^hole  should  be  active  in  the  matter,  in  order  to 


234  NEW    HAMPSHIRE    GRANTS. 

surrender   their  privileges  in  this  case,  as   they  cannot  be  curtailed 
without. 

"^dly.  It  \vill  be  objected  perhaps  by  many,  that  to  contend  about  this 
matter  at  the  present  time,  will  have  a  tendency  to  stir  up  division  and 
contentions  amongst  the  people,  which  would  be  fatal  to  the  common 
cause,  which  so  much  depends  upon  our  union,  &c.  This  objection,  at 
first  view,  appears  important :  But  upon  examination  will  vanish.  We 
readily  agree,  that  it  is  a  thousand  pities,  that  when  we  are  engaged  in 
a  bloody  contest,  merely  to  oppose  arbitrary  power  without  us,  we 
should  have  occasion  to  contend  against  the  same  within  ourselves ;  es- 
pecially by  those  who  profess  to  be  friends  of  liberty. — We  imagine  that 
this  objection  arises  for  want  of  due  consideration.  We  are  much  mis- 
taken in  our  views,  if  we  are  not  proposing  that,  and  that  only,  which 
will  prevent  contentions,  and  divisions  taking  place  amongst  us  :  And 
that  which  will  have  the  most  happy  effect  to  unite  us  in  indissoluble 
bonds  of  union  and  friendship.  Certainly,  if  the  observations,  we  have 
made,  are  just,  the  objection  must  cease  in  the  mind  of  every  reasona- 
ble person ;  for  if  we  consider,  that  the  great  object  we  have  in  view, 
for  which  the  present  unnatural  war  is  pursued  between  Britain  and  us, 
principally  consists  in  this,  that  there  cannot  be  any  legislation  or  taxa- 
tion without  representation :  Or  in  more  explicit  terms,  That  no  person 
is,  or  ought  to  be  subject  to  a  law,  which  he  had  no  hand  in  making; 
or  to  which  he  hath  not  given  his  consent ;  or  that  his  property  cannot 
be  taken  from  him,  but  by  his  voluntarily  giving  it. — Now  if  the  case 
under  consideration  be  similar,  (which  we  think  very  plainly  appears) 
are  we  not  pursuing  the  same  general  cause?  the  only  difference  is,  we 
are  contending  against  the  same  enemy  within,  that  is  also  without : 
And  certainly,  if  arbitrary  power  without  us,  ought  to  be  rewarded  with 
vengeance,  that  within  ought  to  have  seven-fold.  Therefore,  we  are 
persuaded  that  every  one  who  is  a  true  friend  to  the  liberties  of  man- 
kind, and  has  any  sense  of  his  own  or  posterity's  good,  will  think,  that 
the  cause  well  deserves  a  serious  consideration,  and  speedy  remedy. 

If  there  were  no  steps  taken  towards  settling  a  foundation  of  govern- 
ment in  the  Colony,  we  might  more  easily  be  excused  at  so  difficult  a 
time,  as  the  present  is  :  But  to  our  surprise  we  find  the  plan  already 
laid,  and  confirmed,  as  to  the  most  essential  part — by  the  present  pre- 
tended Assembly. 

^hly.  Perhaps  it  will  be  said  by  some,  that  the  proper  remedy  in  this 
case  would  be  by  petition  and  remonstrance  to  said  Assembly  for  relief 
&c.  To  this  we  can  say,  that  it  was  early  done  by  several  towns  in  the 
Colony;  but  to  no  purpose;  as  the  petitions  were  rejected,  and  in  a 
manner  treated  with  contempt.  Besides,  if  the\^  represent  but  part  of 
the  Colony,  and  are  not  legally  constituted,  it  is  absurd  to  petition  them 
as  a  legal  body,  to  grant  relief,  especially,  if  in  doing  it  they  would  de- 
stroy their  own  political  being.  The  true  state  of  the  case  is,  that  we 
have  no  legal  power  subsisting  in  the  Colony,  for  the  purposes,  for 
which  it  is  now  necessary  there  should  be  :  It  is  still  in  the  hands  of 
the  people,  to  whom  we  address  ourselves  ;  and  whom  we  call  upon,  to 
exercise  the  rights  and  privileges  they  have  to  erect  a  supreme  ligislative 
Court  for  the  Colony,  in  order  to  lay  a  foundation  and  plan  of  govern- 
ment in  this  critical  juncture  of  affairs  :  And  that  we  no  longer  remain, 
as  in  a  state  of  nature  or  anarchy  ;  without  law  or  government.  Now  is  the 
time,  when  we  may  not  only  act  for  ourselves,  and  posterity,  freely,  and 
without  controul — but  we  are  called  upon  to  do  it ;  and  if  this  opportu- 


DISCONTENT    IN    BORDER   TOWNS.  235 

nity  be  lost,  we  shall  not  have  it  renewed  again,  although  we  may  seek 
it  carefully  with  tears,  when  it  is  too  late.  The  time  has  been,  when 
we  have  petitioned  and  prayed  to  others,  for  this  privilege,  but  to  no 
purpose:  And  depend  upon  it,  if  we  sleep  on  a  little  longer,  we  shall 
awake  up  in  the  like  circumstances.  As  for  ourselves,  we  are  deter- 
mined not  to  spend  our  blood  and  treasure,  in  defending  against  the 
chains  and  fetters,  that  are  forged  and  prepared  for  us  abroad,  in  order 
to  purchase  some  of  the  like  kind  of  our  own  manufacturing. — But  mean 
to  hold  them  alike  detestable.  Therefore,  Brethren,  we  refer  the  case, 
with  what  we  have  offered  upon  it,  to  your  candid  perusal — desiring,  the 
same  may  conduce  to  the  general  good  of  the  inhabitants  of  the  Colony ; 
which  is  the  only  motive  exciting  us  hereto.  And  will  only  add  that 
though  we  have  no  desire  to  dictate  in  the  matter,  yet  as  it  is  necessary 
some  method  be  proposed  by  which  the  sentiments  of  different  towns 
may  be  known  to  each  other,  relative  hereto ;  it  is  our  desire  in  case 
any  town,  or  number  of  towns,  concur  with  us  in  sentiments  as  herein 
expressed ;  that  they  will  communicate  the  same  by  letters  directed  to 
Bezaleel  Woodward,  Esq;  of  Hanover,  Clerk  of  the  United-Com- 
mittees, by  whom  the  foregoing  address  is  published ;  that  we  may  be 
able  to  correspond  on  the  subject ;  and  that  some  measure  may  be  pur- 
sued whereby  our  invaluable  privileges  may  be  secured. 

Signed  in  behalf  of  the  inJiabitants  of  the  toivns  before  vientioned^  by 
order  of  their  Committees. 

NEHEMIAH   ESTERBROOK,   Chairman. 

Hanover,  fuly  31,  A.  D.  1776. 

BEZALEEL  WOODWARD,   Clerk. 

N.  B.  The  meeting  of  the  above  mentioned  Committees  stands  ad- 
journed to  the  second  Thursday  in  October  next,  then  to  be  held  in  the 
College  Hall,  in  Hanover,  at  10  o'clock  a.  m. 


State  of  New  Hampshire. 

The  Government  and  People  of  said  Stale  to  the  Selectmen 
of  Hanover,  in  said  State,  Greeting:'^ 

You  are  hereby  required  to  notify  the  legal  inhabitants 
paying  taxes  in  the  towns  of  Hanover,  Canaan  and  Cardi- 
gan (giving  them  fifteen  days  notice)  to  meet  at  some  con- 
venient place  in  your  town,  to  elect  one  person  having  a 
real  estate  of  the  value  of  two  hundred  pounds  lawful  money 
in  this  State,  to  represent  them  in  the  Assembly,  to  be  held 
at  Exeter,  on  the  third  Wednesday  in  December  next,  at  three 
o'clock  in  the  afternoon,  and  to  empower  such  representa- 
tive, for  the  term  of  one  year  from  their  first  meeting,  to 
transact  such  business  and  pursue  such  measures  as  they 
may  judge  necessary  for  the  publick  good.  And  the  person 
who  shall  be  elected  you  are  to  notify  that  he  attend  at  time 
and  place  af ore-mention' d. 

*See  State  Pap.  N.  H.,  vol.  VIII,  p.  421. — Ed. 


236  NEW    HAMPSHIRE    GRANTS. 

And  at  said  meeting,  each  voter,  as  atoresaid,  on  one 
paper,  is  to  bring  in  votes  for  one  person,  being  a  reputable 
freeholder  and  inhabitant  within  your  County,  having  a  real 
estate  of  two  hundred  pounds,  to  serve  as  members  of  the 
Council  for  the  year  ensuing. 

And  the  Clerk  of  your  town  is  hereby  directed  to  seal  up 
all  such  votes  under  cover,  and  send  them  to  the  house  of 
Mr.  Gree7i,  in  Wentworth,  in  your  County,  by  the  second 
Wednesday  in  December  next,  directed  to  Francis  Worcester, 
Charles  JoJinsoii,  and  Abel  Chandler,  a  Committee  appointed 
to  receive  them. 

And  it  is  Resolved,  That  no  person  be  allowed  a  seat  in 
Council  or  Assembly,  who  shall,  by  himself  or  any  person 
for  him,  before  said  choice,  treat  with  liquor,  &c.  any 
elector,  with  an  apparent  view  of  gaining  their  votes,  or 
afterwards  on  that  account. 

And  make  return  of  this  writ,  with  your  doings  thereon, 
into  the  Secretary's  office  at  Exeter,  by  the  third  Wednes- 
day in  December  next. 

M.  Weare,  President, 
P.  White,  Speaker. 

By  order  of  the  Council  and  Assembly : 

E.  Thompson,  Secretary. 
Exeter,  September  30,  1776. 


Proceedings  at  Town-meetings.^ 
Meeting  at  Hanover. 

Hanover,  November  27,  1776. 
Pursuant  to  the  within  precept,  we  notified  the  inhabitants  paying 
taxes  in  the  town  of  Hanover,  Canaan  and  Cardigan,  to  meet  at  the 
Meeting-House  in  said  Hanover,  this  day,  for  the  purposes  within  men- 
tioned, who  being  met  passed  the  following  votes,  viz  : 

i^'  Voted  n7tanif no Hsly,  That  the  Address  of  the  inhabitants  of  this 
and  other  towns,  to  the  people  of  the  several  towns  through  this  Colo- 
ny, published  by  their  committee  in  July  last,  is  truly  expressive  of  our 
sentiments  respecting  representation,  and  the  unconstitutional  forma- 
tion and  procedures  of  the  present  Assembly  of  this  State. 

2d,  Voted  u7ianinionsly ,  That  we  will  not  choose  a  Representative  as 
directed  in  the  precept  issued  by  the  Assembly  of  this  State,  for  the 
following  reasons,  viz  : 

I.  Because  no  plan  of  representation  is  as  yet  formed  in  this  State 
consistent  with  the  liberties  of  a  free  people,  in  that  the  people  have  not 
universally  had  a  full  representation  in  any  Assembly  since  the  State 

*See  State  Pap.  N.  H.,  Vol.  VIII,  pp.  421-426.— Ed. 


DISCONTENT   IN    BORDER   TOWNS.  23/ 

was  declared  independent  of  the  Crown  of  Great  Britain,  by  which  dec- 
laration we  conceive  that  the  powers  of  Government  reverted  to  the 
people  at  large,  and  of  course,  annihilated  the  political  existence  of  the 
Assembly  which  then  was ;  notwithstanding  which  they  have  since  pre- 
sumed to  act  in  the  name  of  the  people,  and  in  their  precept  undertake 
to  prescribe  and  limit  the  mode  of  procedure  in  our  choice  of  a  Repre- 
sentative, while  it  does  not  appear  that  they  are  to  be  chosen  for  the 
purpose  of  recognizing  the  rights  of  the  people  and  assuming  such  Gov- 
ernment as  shall  be  agreeable  to  them,  though  nothing  of  that  nature 
has  at  any  time  been  done  in  the  State,  except  a  plan  formed  by  the 
Representatives  of  a  part  of  this  State,  by  which  the  whole  rights  of  the 
people  are  assumed  by  that  House. 

2.  Because  the  precept,  in  consequence  of  which  this  meeting  was 
called,  is  inconsistent  with  the  liberties  of  a  free  people,  in  that  it  di- 
rects to  have  different  corporate  towns  (who  have  a  right  to  act  by  them- 
selves in  all  cases)  to  unite  for  the  purpose  of  Choosing  a  Representative 
and  Counsellor. 

3.  Because  it  limits  us  in  our  choice  to  a  person  who  has  real  estate 
of  two  hundred  pounds,  lawful  money ;  whereas  we  conceive  that  there 
ought  to  be  no  pecuniary  restriction,  but  that  every  elector  is  capable  to 
be  elected. 

3d.  Voted  unanimously.  That  the  Selectmen  be  directed  to  make  re- 
turn of  the  foregoing  vote  with  the  reasons  annexed,  together  with  the 
precept,  to  the  Assembly  proposed  to  be  held  at  Exeter,  on  the  third 
Wednesday  in  December  next. 

4th.  Voted  unanimously.  That  we  will  not  give  in  our  Votes  for  a 
Counsellor  as  directed  in  the  precept. 

1.  Because  we  can  see  no  important  end  proposed  by  their  creation, 
unless  to  negative  the  proceedings  of  the  House  of  Representatives, 
which  we  humbly  conceive  ought  not  to  be  done  in  a  free  state. 

2.  Because  every  elector  ought  to  have  a  voice  in  the  choice  of  each 
Counsellor  (in  Cases  where  they  are  needful,)  and  not  to  be  restricted 
in  his  Choice  to  any  particular  limits  within  the  State.  For  which  rea- 
son we  protest  against  any  Counsellor  being  chosen  in  this  County  as 
directed  in  the  precept. 

5*^^  Voted  unanimously.  That  the  Clerk  be  directed  to  make  return 
of  the  last  vote,  with  the  reasons  annexed,  and  our  Protest,  as  the  Pre- 
cept directs,  relative  to  vote  for  a  Counsellor. 

6*^  Voted,  That  this  meeting  be  dissolved  and  it  was  accordingly 
dissolved. 

Attest :  IcHABOD  Fowler  ?   Selectmen 

Thomas  Durkee   (  of  Hanover. 


Meeting  at  Lyme. 

At  a  meeting  of  the  inhabitants  of  the  town  of  Lyme,  legally  warned, 
and  convened  at  the  house  oi  Ebenezer  Green,  Esq.,  on  Monday  the  25''^ 
of  November,  and  continued  by  adjournment  to  Monday,  the  2*1  of  De- 
cember inst. 

I*'  Voted  That  the  pamphlet  lately  published  by  the  Committee  of 
the  towns  of  Lyme,  Hanover,  Lebanon  and  Plainfield,  is  truly  expres- 
sive of  our  sentiments  on  Representation,  and  the  unconstitutional  for- 
mation and  proceedings  of  the  present  Assembly. 


238  NEW    HAMPSHIRE    GRANTS. 

2d.  Voted,  That  we  cannot  comply  with  the  precept  issued  to  this 
town,  in  Conjunction  with  five  other  towns,  for  choosing  a  Representa- 
tive, for  the  reasons  following,  viz  :  Because  the  present  plan  of  Rep- 
resentation is  entirely  inconsistent  with  a  free  State,  where  every  corpo- 
rate town  hath  an  undoubted  right  to  act  for  themselves  in  choosing  a 
member  of  the  legislative  Body ;  Because  the  elections  are  limited  to 
persons  of  ^200  lawful  money,  real  estate,  for  their  choice,  whereas 
every  elector  in  free  states  is  capable  of  being  elected. 

3d.  Voted,  That  the  Clerk  be  directed  to  make  return  of  our  reasons 
for  our  non-compliance  to  the  proposed  Assembly  that  is  to  sit  at  Exe- 
ter on  the  third  Wednesday  of  December  next. 

Voted,  That  we  cannot  comply  with  the  direction  to  the  choice  of 
a  Counsellor  in  manner  proposed  in  the  precept,  for  the  reasons  follow- 
ing :  First,  Because  that  in  every  free  State  the  people  have  an  un- 
doubted right  to  their  voice  in  the  choice  of  the  whole  Council,  either 
by  themselves  or  their  Representatives  ;  Secondly,  Because  we  cannot 
see  any  good  proposed  by  confining  the  electors  to  certain  limits  within 
the  State  for  their  choice. 

[^thj   Voted,  That  the  Clerk  be  directed  to  make  return  of  our  reasons 
for  non-compliance  to  the  Committee  appointed  for  the  receiving  of  the 
votes  for  a  Counsellor,  and  also  to  enter  a  protest  against  the  choice. 
Test :  JONA.  Child,  Town  Clerk. 


Meeting  at  Acwoj'tJi. 

The  reason  why  we  do  not  join  with  the  towns  of  Unity,  Acworth, 
Leinpster,  Saville,  Croydon,  and  Newport,  as  we  did  last  year,  in  choos- 
ing a  representative,  is  this,  viz :  Then  we  supposed  they  was  to  act 
only  upon  the  present  exigencies  of  the  Government ;  but  now  the  case 
is  much  altered.  The  honorable  Continental  Congress  has  declared 
their  independence  of  Great  Britain  ;  therefore  we  think  that  the  pres- 
ent Assembly  has  not  taken  right  methods  in  issuing  out  their  pre- 
cepts for  the  choice  of  Representatives  and  Counsellors  for  the  year  en- 
suing;  for,  in  the  first  place,  they  have,  as  to  Representative,  in  some 
incorporated  towns,  allowed  two  or  three  Representatives ;  to  others, 
they  have  joined  five  or  six  towns  together ;  whereas  we  think  every 
incorporated  town  ought  to  be  represented  by  themselves.  Then,  as  to 
Counsellors,  in  one  County  they  have  ordered  five,  in  some  two,  and  in 
one  County  but  one,  which  we  look  upon  not  according  to  liberty;  for 
as  this  State  is  but  one  body,  we  think  they  ought  to  be  chose  by  the 
people  at  large.  And  also  they  have  ordered  that  neither  of  these  shall 
have  a  seat  in  the  Assembly  without  they  have  real  estate  to  the  value 
of  two  hundred  pounds,  lawful  money;  whereas  we  think  every  lawful 
elector  is  a  subject  to  be  elected. 

Voted,  That  the  above  reasons  be  sent  to  the  Council  and  Assembly 
of  this  State,  which  is  to  convene  together  at  Exeter,  the  third  Wednes- 
day of  this  instant,  and  that  the  Town  Clerk  shall  sign  it  in  behalf  of 
the  town. 

This  done  at  a  legal  town  meeting,  Acworth,  December  9*^  1776. 

Thomas  Putnam,  Moderator. 

A  true  copy.  Attest :  Sam^  Silsby,  Town  Clerk. 


DISCONTENT    IN    BORDER   TOWNS.  239 

Petition  from  Inhabitants  of  MarloWy  &c. 

To  the  ho)iou7'able  Council  and  Assembly  of  the  Colony  of  New  Ha7np- 
shire  to  be  convened  and  asse?nbled  at  Exeter,  on  the  third  Wednesday 
of  Deceniber  instatit. 

The  petition  of  the  inhabitants  of  the  towns  oi  Marlow,  Alstead,  and 
Stirry,  humbly  showeth  ;  That  whereas,  it  is  the  advice  and  direction 
of  the  Continental  Congress  relative  to  the  assuming  Civil  Government 
in  this  Colony,  have  advised  and  directed  the  Provincial  Congress  of 
this  Colony,  previous  to  their  assuming  a  form  of  Civil  Government, 
that  they  at  their  Convention  do  grant  warrants  for  a  full  and  free  elec- 
tion of  Representatives  in  this  Colony ;  and  whereas  various  coupling  of 
various  towns  together  in  the  western  parts  of  the  Colony,  and  allowing 
but  one  Representative  to  a  coupling,  and  we  being  differently  treated 
from  the  major  parts  of  this  Colony,  who  are  allowed  a  Representative 
to  each  town ;  and  whereas  the  towns  of  Marlow,  Alstead  and  Surry, 
are  towns  incorporated  with  all  invariable  privileges  and  immunities  that 
any  other  towns  do  or  may  enjoy  in  this  Colony,  and  being  thus  coupled 
together  as  aforesaid,  are  abridged  or  curtailed  of  the  privilege  of  each 
individual  town  electing  a  Representative,  which  we  humbly  conceive 
cannot  be  construed  to  be  a  full  and  free  election  or  representation 
of  the  said  Colony  agreeable  to  the  advice  of  the  Continental  Congress 
above  recited  ;  we  therefore,  your  humble  petitioners,  would  beseech 
the  honourable  Council  and  House  of  Representatives,  that  previous  to 
the  further  pursuing  the  plan  of  Civil  Government,  that  there  may  war- 
rants be  granted  for  a  full  and  free  election  or  representation  of  each  of 
the  individual  towns  above-mentioned,  pursuant  to  the  advice  of  the 
Continental  Congress  aforesaid  :  thus  shall  your  humble  petitioners,  as 
in  duty  bound,  ever  pray. 

Sam^  Gustin  Woolston  Brockway 

ACsALOxM  Kingsbury  Jonathan  Smith. 

Coi?i7mttee  from  Marloiu,  Alstead  and  Surry. 
Dated  Colony  of  New  Hampshire,  Marlow,  December  ii'^\  A.  d.  1776. 


Chesterfield — Instructions. 

To  Mr.  Michael  Creasy,  Representative  for  the  Town  of  Chesterfield, 
in  the  State  of  New  Hampshire. 

Sir:— 

Whereas  it  having  pleased  Almighty  God  to  humble  the  people  of 
this  land,  by  permitting  the  tyrant  of  Great  Britain  and  his  minions,  in 
the  fulness  of  their  rage,  to  prevail  against  them  by  subverting  the  Civil 
Constitution  of  every  Province  in  his  late  Af/terican  dominions,  aifecting 
thereby  the  activity  of  law  and  justice,  and  the  introduction  of  vice  and 
profaneness,  attended  with  domestick  confusion,  and  all  the  calamities 
attendant  on  a  dissolution  of  the  power  of  Civil  Government,  which,  in 
this  alarming  progress,  have  made  it  absolutely  necessary  for  each  state 
to  separate  itself  from  that  land  from  whence  their  forefathers  were  exiled 
by  the  cruel  hand  of  tyranny,  and  to  form  for  itself,  under  the  ruler  of 
all  the  earth,  such  plans  of  Civil  Government  as  the  people  thereof 
should  think  most  conducive  to  their  own  safety  and  advantage  :  Not- 
withstanding the  importance  of  an  equitable  system  of  Government,  as 


240  NEW   HAMPSHIRE    GRANTS. 

it  affects  ourselves  and  our  posterity,  we  are  brought  to  the  disagreeble 
necessity  of  declaring,  that  it  is  our  candid  opinion  that  the  State  of 
New  Hampshire,  instead  of  forming  an  equitable  plan  of  Government, 
conducing  to  the  peace  and  safety  of  the  State,  have  been  influenced  by 
the  iniquitous  intrigues  and  secret  designations  of  persons  unfriendly, 
to  settle  down  upon  the  dregs  of  Monarchical  and  Aristocratical  tyranny, 
in  imitation  of  their  late  British  oppressor.  We  can  by  no  means  imag- 
ine ourselves  so  far  lost  to  a  sense  to  the  natural  rights  and  immunities 
of  ourselves  and  our  fellow  men,  as  to  imagine  that  the  State  can  be 
either  safe  or  happy  under  a  Constitution  formed  without  the  knowledge 
or  particular  authority  of  a  great  part  of  its  inhabitants  ;  a  Constitution 
which  no  man  knows  the  contents  of,  except  that  the  whole  Legislative 
power  of  the  State  is  to  be  entirely  vested  in  the  will  and  pleasure  of  a 
House  of  Representatives,  and  that  chosen  according  to  the  Sovereign 
determination  of  their  own  will,  by  allowing  to  some  towns  sundry  voices 
in  the  said  House,  others  but  one,  and  other  none ;  and  in  a  Council  of 
twelve  men,  five  of  which  are  always  to  be  residents  of  Rocki?igham 
County,  who  by  the  assistance  of  two  others  of  said  Council,  have  the 
power  of  a  casting  voice  in  all  State  affairs.  ^ 

Thus  we  see  the  important  affairs  of  the  State  liable  to  be  converted 
to  the  advantage  of  a  small  part  of  the  State,  and  the  emolument  of  its 
officers,  by  reason  of  the  other  part  of  the  State  not  having  an  equal  or 
equitable  share  in  the  Government,  to  counterbalance  the  designs  of  the 
other.  You  are  therefore  authorized  and  instructed  to  exert  yourself  to 
the  utmost  to  procure  a  redress  of  the  afore-mentioned  grievances,  and 
in  case  they  will  not  comply,  to  return  home  for  further  instructions. 

Solomon  Harvey,  per  order  Com. 

Chesterfield,  December  y^  12*^,  1776. 


Haverhill  and  other  Tozvns. 

The  inhabitants  of  the  Towns  of  Haverhill,  Ly?nan,  Bath,  Gunthwaitj 
Landaff  and  Morristown. 

At  a  meeting  legally  warned,  in  consequence  of  a  precept  from  the 
Assembly  at  Exeter,  for  the  purpose  of  choosing  a  representative,  as 
also  to  give  in  their  votes  for  a  Counsellor  for  the  County  of  Grafton^ 
having  refused  a  compliance  with  said  precept,  have  chosen  us,  the  sub- 
scribers, a  Committee  to  return  the  precept,  together  with  the  reasons 
of  their  non-compliance  :  which  reasons  are  as  follows,  viz  : 

First.  Because  no  plan  of  Representation  has  yet  been  found  in  this 
State  consistent  with  the  liberties  of  a  free  people  ;  and  it  is  our  humble 
opinion,  that  when  the  Declaration  of  Independency  took  place,  the 
Colonies  were  absolutely  in  a  state  of  nature,  and  the  powers  of  govern- 
ment reverted  to  the  people  at  large,  and  of  consequence  annihilated 
the  political  existence  of  the  Assembly  which  then  was. 

Secondly.  Because  the  precept  directs  to  have  a  number  of  different 
towns  (who  have  an  undoubted  right  to  act  by  themselves  separately) 
to  unite  for  the  purpose  of  choosing  a  Representative  and  Counsellor. 

Thirdly.  Because  we  are  limited  in  our  choice  of  a  Representative  to 
a  person  who  has  a  real  estate  of  two  hundred  pounds,  lawful  money ; 
whereas  we  conceive  that  every  elector  is  capable  of  being  elected. 

Fourthly.  Because  that  no  bill  of  rights  has  been  drawn  up,  or  form 


DISCONTENT   IN   BORDER   TOWNS.  24I 

of  Government  come  into,  agreeable  to  the  minds  of  the  people  of  this 
State,  by  any  Assembly  peculiarly  chosen  for  that  purpose,  since  the 
Colonies  were  declared  independent  of  the  Crown  of  Great  Britain. 

Fifthly,  Because  if  a  Council  is  necessary,  every  elector  ought  to  have 
a  voice  in  the  choice  of  each  Counsellor,  and  not  to  be  restricted  to  any 
particular  limits  within  this  State. 

For  which  reasons  we  protest  against  a  Counsellor  being  chosen  in 
this  County,  as  directed  in  the  precept. 

Ephraim  Wesson  Elisha  Cleaveland 

John  Young  James  Bailey 
John  Clark  Committee. 

Haverhill,  December  13*'%  1776. 


SECTION  V. 


Vermont  assumes  Government — New  York  opposes. 


Note  by  the  Editor. 

On  the  30th  of  December,  1776,  a  joint  committee  of  the  house  and 
council  of  New  Hampshire  was  appointed  "  to  take  under  consideration 
the  difficulties  and  grievances  subsisting  and  complained  of  by  sundry 
towns  and  people  in  the  County  of  Grafton,  &  any  other  towns,  respect- 
ing the  present  form  of  government,"  &c.,  and  to  make  report.  The 
committee  on  the  part  of  the  house  consisted  of  Samuel  Gilman,  Jun., 
Jos.  Whipple,  Benj.  Giles,  Geo.  Gains,  Timothy  Ellis,  Daniel  Brainerd, 
John  Wentworth,  Jun.,  Christopher  Webber,  and  Thomas  Odiorne. 
On  the  part  of  the  council,  Geo.  King,  Jonathan  Blanchard,  and  Eben- 
ezer  Thompson.  On  the  3d  of  January,  1777,  the  said  committee 
made  report  to  the  house  "  on  the  affairs  of  Grafton,"  in  which  report 
conciliatory  measures  were  recommended  and  adopted,  to  allay  the  spirit 
of  discontent  among  the  people  ;  and  another  committee  was  appointed 
to  visit  the  county,  and  "in  the  most  earnest  manner  entreat  the  people  to 
consider  the  consequences  of  such  internal  discords  and  divisions  among 
ourselves,"  &c.  This  latter  committee  consisted  of  Hon.  Meshech 
Weare,  Benjamin  Giles,  Esq.,  and  John  Wentworth,  Jun.,  Esq.  (see 
State  Pap.  N.  H.,  vol.  VIII,  pp.  442,  450),  to  which  committee,  subse- 
quently, January  14,  Hon.  Josiah  Bartlett  was  added  (p.  463).  _  What 
was  effected  by  this  committee  does  not  appear ;  but  the  condition  of 
the  country,  in  the  mean  time,  seems  to  have  arrested  the  progress  of 
disaffection  in  Grafton  county,  and  to  have  turned  attention  to  measures 
for  their  defence  against  the  common  enemy.  Ticonderoga  was  surren- 
dered, and  Burgoyne's  army  was  on  its  invading  march  into  the  New 
Hampshire  grants.  All  was  alarm  and  anxiety,  so  that  the  border  towns 
east  of  Connecticut  river  made  earnest  application  to  the  New  Hampshire 

16 


242  NEW   HAMPSHIRE    GRANTS. 

government  for  help.  In  the  mean  time,  however,  between  New  York 
and  the  people  of  the  New  Hampshire  grants  on  the  west  side  of  Con- 
necticut river,  the  controversy  was  earnestly  waged.  On  the  24th  of 
July,  1776,  a  convention  was  held  at  Dorset,  Vt.,  which  consisted  of 
fifty-one  members,  representing  thirty-five  towns,  which,  by  adjourn- 
ment, again  met,  Sept.  25,  1776,  and  again,  at  Westminster,  January 
15'  '^111-  At  this  latter  meeting  of  the  convention,  it  was  resolved, 
no  one  contradicting,  "  That  the  district  of  land  commonly  called  and 
known  by  the  name  of  '  New  Hampshire  Grants,'  be  a  new  and  separate 
state ;  and  for  the  future  conduct  themselves  as  such."  (See  documents 
in  Slade's  Ver.  Pap.,  pp.  65-88.)  Of  this  important  step,  due  official 
notice  was  given  to  the  continental  congress.  (See,  also,  N.  Y.  Col. 
Documents,  under  N.  H.  Grants.)  The  action  of  the  Westminster 
convention,  Jan.  15,  1777,  led  to  new  complications  with  New  Hamp- 
shire. The  said  convention  adjourned,  to  meet  at  Windsor  July  2, 
1777;  and  then  a  draft  of  a  constitution  was  presented,  read,  and 
adopted.  The  convention  then  adjourned  again,  to  meet  at  Windsor 
on  the  24th  of  December,  when  the  constitution  was  revised,  and  the 
day  for  election  of  officers  under  it  appointed  the  first  day  March,  1778. 
The  first  assembly  of  the  new  state,  called  Vermont,  was  to  be  held  on 
the  second  Thursday  of  the  same  month. 

The  documentary  papers,  relating  to  the  proceedings  above  referred 
to,  are  found  in  detail  in  Slade's  Vermont  State  Papers,  pp.  21-66  ;  also, 
in  Governor  and  Council  Rec.  Ver.,  vol.  I,  App.,  and  in  the  Colonial 
Doc.  Hist,  of  New  York. 


Declaratio7i  and  Petition  of  the  Inhabita7its  of  the  New 
Hampshire  Grants  to  Congress,  Jan.  15,  1777. 

[p.  51.]     To  the  Hon^^^  the  Continental  Congress  : 

The  declaration  and  petition  of  the  inhabitants  of  that  part 
of  North  America,  situate  south  of  Canada  line,  west  of  Con- 
necticut River,  North  of  the  Massachusetts  bay  and  East  of  a 
Twenty  mile  line  from  the  Hudson's  River,  containing  about 
one  hundred  and  forty-four  townships,  of  the  contents  of  six 
miles  square  each,  granted  your  petitioners  by  the  authority 
of  New  Hampshire,  besides  several  grants  made  by  the  au- 
thority of  New  York,  and  a  quantity  of  vacant  land : 

Humbly  sheweth — That  your  petitioners,  by  virtue  of  the 
several  grants  made  them  by  the  authorities  aforesaid,  have 
many  years  since,  with  their  families,  become  actual  settlers 
and  inhabitants  of  the  said  described  premises,  by  which  it 
is  now  become  a  respectable  frontier  to  three  neighbouring 
states,  and  is  of  great  importance  to  our  common  barrier 
Ticonderoga,  as  it  has  furnished  the  army  there  with  much 
provisions,  and  can  muster  more  than  five  thousand  hardy 


VERMONT   ASSUMES    GOVERNMENT.  243 

soldiers  capable  of  bearing  arms  in  defence  of  American 
liberty  : 

That  shortly  after  your  petitioners  began  their  settle- 
ments, a  party  of  land-jobbers  in  the  city  and  State  of  New 
York  began  to  claim  the  lands,  and  took  measures  to  have 
them  declared  to  be  within  that  jurisdiction : 

That  on  the  fourth  day  of  July  1764,*  the  king  of  Great 
Britain  did  pass  an  order  in  council,  extending  the  jurisdic- 
tion of  New  York  Government  to  Connecticutt  River,  in 
consequence  of  a  representation  made  by  the  late  Lieuten- 
[p.  52.]  ant  Governor  Golden,  that  for  the  convenience  of 
trade  and  administration  of  justice,  the  inhabitants  were 
desirous  of  being  annexed  to  said  State : 

That  upon  this  alteration  of  jurisdiction  the  said  Lieuten- 
ant Governor  Golden  did  grant  several  tracts  of  land  in  the 
above-described  limits,  to  certain  persons  living  in  the  State 
of  New-York,  which  were  at  that  time  in  the  Actual  posses- 
sion of  your  petitioners ;  and  under  colour  of  the  lawful 
authority  of  said  State  did  proceed  against  your  petitioners 
as  lawless  intruders  upon  the  Crown-lands  in  their  province. 
This  produced  an  application  to  the  King  of  Great  Britain 
from  your  petitioners,  setting  forth  their  claims  under  the 
Government  of  New-Hampshire,  and  the  disturbance  and 
interruption  they  had  suffered  from  said  post-claimants  un- 
der New- York.  And  on  the  24^^  day  of  July  1767,  an  order 
was  passed  at  St.  James'  prohibiting  the  Governors  of  New 
York  for  the  time  being  from  granting  any  part  of  the  said 
described  premises  on  pain  of  incurring  his  Majesty's  high- 
est displeasure.!    Nevertheless,  the  same  Lieutenant  Gov- 

*See  Prov.  Pap.  N.  H.,  vol.  VII,  p.  62.— Ed. 
fThe  following  is  a  copy  of  the  order  referred  to  : 
At  a  court  at  St.  James,  the  24*^  day  of  July,  1767, 

PRESENT 

The  King's  most  Excellent  Majesty. 

Archbishop  of  Canterbury  Earl  of  Shelburne 

Lord  Chancellor  Viscount  Talmouth 

Duke  of  Queensbury  Viscount  Harrington 

Duke  of  Ancester  Viscount  Clarke 

Lord  Chamberlain  Bishop  of  London 

Earl  of  Litchfield  Mr.  Secretary  Conway 

Earl  of  Bristol  Hans  Stanley,  Esq. 

His  Majesty  taking  the  said  report  fa  report  of  the  Board  of  Trade]  into  consideration,  was 
pleased,  with  the  advice  of  his  private  Council,  to  approve  thereof,  and  doth  hereby  strictly 
charge,  require  and  command,  that  the  Governor  or  commander  in  chief  of  his  Majesty's 
Province  of  New  York,  for  the  time  being,  do  not,  upon  pain  of  his  majesty's  highest  dis- 
pleasure, presume  to  make  any  grant  whatsoever,  of  any  part  of  the  lands  described  in  the 
said  report,  until  his  Majesty's  further  pleasure  shall  be  known,  concerning  the  same. 
A  true  copy—  William  Sharpe 

Attest  Geo.  Banyar,  Dep.  Se'cry. 


244  NEW   HAMPSHIRE    GRANTS. 

ernour  Colden,  the  Governours  Dunmore  and  Tryon  have 
each  and  every  one  of  them  in  their  respective  turns  of 
administration,  presumed  to  violate  the  said  royal  order,  by 
making  several  grants  of  the  prohibited  premises,  and  coun- 
tenancing an  actual  invasion  of  your  petitioners  to  drive 
them  off  from  their  possessions. 

These  violent  proceedings  (with  the  solemn  determination 
of  the  Supreme  Court  of  the  State  of  New-York  that  the 
Charters,  Conveyances  &c.  of  your  petitioners'  lands  were 
utterly  null  and  void,  on  which  they  were  founded)  reduced 
your  petitioners  to  the  disagreeable  necessity  of  taking  up 
arms,  as  the  only  means  left  for  the  security  of  their  posses- 
[p.  53.]  sions.  The  consequence  of  this  step  was  the  pass- 
ing of  twelve  acts  of  outlawry  by  the  Legislature  of  New- 
York  on  the  ninth  day  of  March  1774,  which  were  not 
intended  for  the  State  in  general,  but  only  for  part  of  the 
Counties  of  Albany  and  Charlotte,  viz.  such  parts  thereof 
as  are  covered  by  the  New  Hampshire  charters.* 

Your  petitioners  having  had  no  representation  in  that 
Assembly  when  the  acts  were  passed,  they  first  came  to  the 
knowledge  of  them  by  the  publick-papers  in  which  they 
were  inserted.  By  these  they  were  informed,  that  '  if  three 
or  more  of  them  assembled  together  to  oppose '  what  said 
Assembly  called  legal  authority  that  '  such  as  should  be 
found  assembled  to  the  number  of  three  or  more  should  be 
adjudged  felons  ;  and  that  in  case  they  or  any  of  them  should 
not  surrender  himself  or  themselves  to '  certain  '  officers  ap- 
pointed for  the  purpose  of  securing  them  after  a  warning 
of  seventy  days,  that  then  it  should  be  lawful  for  the  re- 
spective judges  of  the  Supreme  Court  of  the  Province  of 
New-York  to  award  execution  of  Death,  the  same  as  though 
he  or  they  had  been  attainted  before  a  proper  Court  of  Judi- 
catory.' These  laws  were  evidently  calculated  to  intimidate 
your  petitioners  into  a  tame  surrender  of  their  rights,  and 
such  a  state  of  vassalage  as  would  entail  misery  to  their  latest 
posterity. 

It  appears  to  your  petitioners  that  an  infringement  of 
their  rights  is  still  meditated  by  the  State  of  New  York,  as 
we  find  that  in  their  General  Convention  at  Haerlem  the 
second  day  of  August  last,  it  was  unanimously  voted,  '  That 
all  the  quit-rents  formerly  due  to  the  Crown  of  Great 
Britain  within  this   State  are  now  due  and  owing  to  this 

*See  Blade's  Ver.  Pap.,  pp.  42-48. — Ed. 


VERMONT    ASSUMES    GOVERNMENT.  245 

Convention,  or  such  future  Government  as  may  hereafter 
[p.  54.]  be  established  in  this  State.' 

By  a  submission  to  the  claims  of  New- York  your  petition- 
ers would  be  subjected  to  the  payment  of  two  shillings  and 
six  pence  sterling  on  every  hundred  acres  annually,  which 
compared  with  the  quit-rents  of  Livingston's,  Phillips's  and 
Ransaeler's  manors,  and  many  other  enormous  tracts  in  the 
best  situations  in  the  State,  would  lay  the  most  dispropor- 
tionate share  of  the  publick  expense  on  your  petitioners,  in 
all  respects  the  least  able  to  bear  it. 

The  Convention  of  New  York  have  now  nearly  complete 
a  Code  of  laws  for  the  future  government  of  that  State, 
which,  should  they  be  attempted  to  be  put  in  execution  will 
subject  your  petitioners  to  the  fatal  necessity  of  opposing 
them  by  every  means  in  their  power. 

When  the  Declaration  of  the  Hon^^^  the  Continental  Con- 
gress of  the  4^^^  of  July  last,  reached  your  petitioners,  they 
communicated  it  throughout  the  whole  of  their  District ;  and 
being  properly  apprised  of  the  proposed  meeting  of  delegates 
from  the  several  Counties  and  Towns  in  the  District  de- 
scribed in  the  Preamble  to  this  petition,  did  meet  at  West- 
minster in  said  district,  and  after  several  adjournments  for  the 
purpose  of  forming  themselves  into  a  distinct  and  separate 
State,  did  make  and  publish  a  declaration,  '  That  they  would 
at  all  times  thereafter  consider  themselves  as  a  free  and 
independent  State  capable  of  regulating  their  own  inter- 
nal police  in  all  and  every  respect  whatsoever ;  and  that  the 
people  in  said  described  district  have  the  sole  exclusive 
right  of  governing  themselves  in  such  manner  and  form  as 
[p.  55]  they  in  their  wisdom  should  chuse,  not  repugnant  to 
any  resolves  of  the  Hon^^''  the  Continental  Congress  ; '  and 
for  the  mutual  support  of  each  other  in  the  maintenance  of 
the  Freedom  and  Independence  of  the  said  District  or  sepa- 
rate State,  the  said  delegates  did  jointly  and  severally  pledge 
themselves  to  each  other  by  all  the  ties  that  are  held  sacred 
among  men,  and  resolve  and  declare,  that  '  they  were  at  all 
times  ready  in  conjunction  with  their  brethren  in  the  United 
States  to  contribute  their  full  proportion  towards  the  main- 
taining and  supporting  the  present  just  war  against  the 
Fleets  and  armies  of  Great  Britain.' 

To  convey  this  declaration  and  resolution  to  your  Hon^^^ 
Body,  the  Grand  representative  of  the  United  States,  were  we, 
your  more  immediate  petitioners  delegated  by  the  united  and 


246  NEW    HAMPSHIRE    GRANTS. 

unanimous  voice  of  the  representatives  of  the  whole  body  of 
settlers  upon  the  described  premises,  in  whose  name  and 
behalf  we  humbly  pray,  that  the  said  declaration  may  be 
received  and  the  district  described  therein  be  ranked  by 
your  Honours  among  the  Free  and  Independent  States,  and 
delegates  then  admitted  to  seats  in  the  Grand  Continental 
Congress ; — and  your  petitioners,  as  in  duty  bound,  &c. 

New  Hampshire  Grants,  Westminster, 
15^^  January  1777. 

Signed  by  order  and  in  behalf  of  the  General 
Convention 

Jonas  Fay  '^ 

Thomas  Chittendon  [  -r^  ^ 

TT      .      A  /  JJelesfates. 

Heman  Allen  f  ^ 

Reuben  Jones.  J 

Extract  from  the  Minutes  of  the  Committee  of  Safety  for 

State  of  New  York. 

[p.  57.]  In  Committee  of  Safety  for  the  State  of  New 
York,  Fishkill,  January  20*^  1777- 

Whereas,  until  the  commencement  of  the  present  contest 
with  Great  Britain,  the  inhabitants  of  Cumberland  and 
Gloucester  counties  in  general  submitted  to  the  jurisdiction 
of'  this  State ;  many  of  them  obtained  grants  and  confirma- 
tions of  Title  from  the  late  government,  and  justice  was  ad- 
ministered by  magistrates  of  its  appointment : 

And  whereas  a  Spirit  of  Defection  and  revolt  has  lately 
been  extended  to  those  Counties  through  the  arts  and  mis- 
representations of  certain  people  inhabiting  the  County  of 
Charlotte,  distinguishing  themselves  by  the  name  of  the 
Green  mountain  boys,  and  their  emissaries  : 

And  whereas  the  Congresses  and  Conventions  of  this 
State  have  hitherto  contemplated  the  effects  of  this  danger- 
ous Insurrection  with  silent  concern,  being  restrained  from 
giving  it  a  suitable  opposition  by  the  apprehension  that  it 
might  at  so  critical  a  juncture,  weaken  our  exertions  in  the 
common  cause  : 

And  whereas  the  said  Insurgents  and  their  Emissaries, 
taking  advantage  of  the  patient  forbearance  of  this  State, 
and  flattered  by  the  countenance  and  strength  which  they 
have  acquired  by  being  embodied  into  a  regiment  under  the 
immediate  authority  of  the  Continental  Congress,  and  with- 


VERMONT   ASSUMES    GOVERNMENT.  24/ 

out  the  consent  or  co-operation  of  this  state  have  lately 
incited  divers  of  the  Inhabitants  of  Towns  within  the  said 
Counties  of  Cumberland  and  Gloucester  to  unite  with  them 
in  assuming  a  total  independence  of  this  State,  chusing  a 
[p.  58.]  separate  Convention,  and  framing  a  petition  to  the 
Honourable  Congress  for  its  sanction  and  approbation  of 
this  unprovoked  revolt : — 

And  whereas  the  loss  of  so  valuable  a  territory  as  is  now 
attempted  to  be  wrested  from  this  State  by  the  violence  of 
an  inconsiderable  part  of  its  members,  who  have,  during  the 
present  war,  received  liberal  allowances  out  of  the  publick 
Treasury  for  their  more  immediate  protection,  will  not  only 
oppress  the  remainder  with  the  payment  of  the  enormous 
debts  which  have  accrued  in  the  common  cause,  but  must, 
at  every  future  period,  expose  this  State  to  be  intruded  into 
and  overrun,  its  jurisdiction  to  be  denied,  and  its  authority 
contemned  and  set  at  Defiance  : 

And  whereas,  divers  ill-disposed  persons  have,  with 
wicked  and  sinister  purposes,  reported  that  members  of  the 
Honourable,  the  Continental  Congress,  and  other  men  of 
Influence  and  Authority  in  the  neighbouring  States  do  fa- 
vour and  support  the  Insurrection  aforesaid : 

And  whereas  the  said  ill-disposed  persons  have  also  insin- 
uated that  the  Honourable  the  Congress  do  countenance  a 
design  of  dismembering  this  State  by  appointing  Seth  War- 
ner who  hath  heretofore  been  and  still  continues  a  principal 
agent  and  abettor  of  the  riot  and  revolt  aforesaid,  to  com- 
mand the  before  mentioned  regiment : 

And  whereas  the  appointment  of  the  said  Seth  Warner  is 
utterly  inconsistent  with  the  usual  mode  adopted  in  Con- 
gress and  approved  of  in  this  and  the  neighbouring  States, 
[p.  59.]  and  contrary  to  the  express  representation  in  simi- 
lar case  made  to  the  Hon'ble  Congress  on  the  1 1  day  of 
July  last  by  the  Convention  of  this  State : 

And  whereas  such  reports  and  insinuations  not  only  tend 
to  justify  the  turbulent  and  disaffected  inhabitants  of  the 
said  Counties,  but  divers  of  the  good  subjects  of  this  State 
are  discouraged  from  risquing  their  Lives  and  Fortunes  in 
the  defence  of  America,  while  there  is  reason  for  appre- 
hending that  after  all  their  vigorous  efforts  and  all  they 
have  suffered  and  must  continue  to  suffer  for  the  common 
cause,  and  even  after  a  successful  period  to  the  present  con- 
flict shall  have  restored   Happiness  and  Security  to  their 


248  NEW   HAMPSHIRE    GRANTS. 

sister  States,  this  State  alone  may  remain  exposed  to  hav- 
ock,  devastation  and  anarchy,  and  be  deprived  of  great  and 
valuable  Territories  to  gratify  the  ambitious,  unjust  and 
selfish  projects  of  its  disorderly  subjects  : 

And  whereas  the  inveterate  foes  to  the  Liberties  of  Amer- 
ica, from  the  earliest  commencement  of  the  present  glorious 
contest  have  endeavoured  to  alienate  the  minds  of  the  good 
people  of  this  State  from  the  common  cause  by  represent- 
ing that  nothing  less  than  the  power  of  Great  Britain  can 
guard  their  territorial  rights  and  protect  their  jurisdiction 
against  usurpation  and  Encroachment ;  and  it  is  a  Truth  to 
be  lamented  that  such  representations  have  proved  but  too 
successful,  and  have  now  acquired  additional  Force  by  rea- 
son of  the  Premises : 

And  whereas  it  has  become  absolutely  necessary  not  only 
[p.  60.]  for  the  preservation  of  the  authority  of  this  Conven- 
tion and  the  confidence  and  respect  of  its  Constituents ;  but 
for  the  success  of  the  United  States,  so  far  as  they  depend 
upon  or  are  connected  with  this  Branch  of  the  grand  Amer- 
ican Confederacy,  that  proper  and  vigorous  means  should 
be  forthwith  exerted  for  vindicating  its  rights  and  asserting 
and  securing  its  jurisdiction;  and  as  a  preliminary  step  to 
quieting  the  aforesaid  disturbances,  removing  the  jealousies 
and  apprehensions  of  the  good  people  of  this  State,  and  de- 
priving the  wicked  emissaries  of  Great  Britain  of  the  prin- 
cipal argument  by  which  they  hitherto  have,  and  still  con- 
tinue to  debauch  their  minds,  and  seduce  them  from  their 
allegiance  to  this  State,  and  their  attachment  to  the  common 
cause ;  a  suitable  application  to  the  Hon'ble  the  Congress 
of  the  United  States  may  be  attended  with  the  most  saluta- 
ry effects,  and  that,  in  the  mean  time  coercive  measures  be 
suspended : 

Resolved  therefore, 

That  a  proper  application  be  immediately  made  to  the 
Hon'ble  the  Congress,  to  whose  justice  the  said  insurgents 
have  appealed,  and  on  whose  advice  they  pretend  to  rely,  re- 
questing them  to  interpose  their  authority,  and  recommend 
to  the- said  insurgents  a  peaceable  submission  to  the  juris- 
diction of  this  State,  and  also  to  disband  the  said  regiment 
directed  to  be  raised  by  Col^  Warner,  as  this  Convention 
hath  chearfully  and  voluntarily  undertaken  to  raise  a  Regi- 
ment in  addition  to  the  quota  designed  for  this  State  by 
Congress  ;  have  opened  their  utmost  resources  to  the  wants 


VERMONT   ASSUMES    GOVERNMENT.  249 

and  necessities  of  the  American  army ;  have  a  very  great 
[p.  61.]  proportion  of  their  militia  now  in  the  field,  and  are 
heartily  disposed  to  contribute  to  the  publick  service  in  every 
respect  as  far  as  the  circumstances  and  abilities  of  the  State 
will  permit. 

Extract  from  the  minutes 

Robert  Benson,  Sec'ry. 


Letter  of  the  Committee  of  Safety  of  New    York,   sigjied 

Abraham     Tenbroeck,    to     yohn    Ha7icock,   President    of 

Congress. 

Fishkill,  20  January,  1777. 
Sir — 

I  am  directed  by  the  Committee  of  Safety  of  New  York 
to  inform  Congress  that  by  the  arts  and  Influence  of  certain 
designing  men,  a  part  of  this  State  hath  been  prevailed  on 
to  revolt  and  disavow  the  authority  of  its  Legislature. 

It  is  our  misfortune  to  be  wounded  so  sensibly,  while  we 
are  makins:  our  utmost  exertions  in  the  common  cause. 

The  various  evidences  and  informations  we  have  received 
would  lead  us  to  believe,  that  persons  of  great  influence  in 
some  of  our  sister-states  have  fostered  and  fomented 
these  divisions,  in  order  to  dismember  this  State  at  a  time 
when  by  the  inroads  of  our  common  Enemy  we  were  sup- 
posed to  be  incapacitated  from  defending  our  just  claims. 
But  as  these  informations  tend  to  accuse  some  members  of 
your  Hon'ble  Body  of  being  concerned  in  this  scheme,  de- 
cency obliges  us  to  suspend  our  belief. 

The  Congress  will  doubtless  remember  that  so  long  ago 
[p.  62.]  as  in  the  month  of  July  last,  we  complained  of  the 
great  injury  done  us  by  appointing  officers  within  this  State 
without  our  consent  or  approbation.  We  could  not  then, 
nor  can  we  now  perceive  the  reason  of  such  disadvanta- 
geous discrimination  between  this  State  and  its  neighbours. 
We  have  been  taught  to  believe  that  each  of  the  United 
States  is  entitled  to  equal  rights :  In  what  manner  the 
rights  of  New  York  have  been  forfeited  we  are  at  a  loss  to 
discover :  and  although  we  have  never  received  an  answer 
to  our  last  letter  on  this  subject,  yet  we  did  hope  that  no 
fresh  ground  of  complaint  would  have  been  offered  us. 

The  Convention  are  sorry  to  observe  that  by  conferring  a 
Commission  upon  Col°  Warner,  with  authority  to  name  the 


250  NEW   HAMPSHIRE    GRANTS. 

officers  of  a  regiment  to  be  raised  independent  of  the  legis- 
lature of  this  State,  and  within  that  part  which  hath  lately 
declared  an  Independence  upon  it,  Congress  hath  given  but 
too  much  weight  to  the  Insinuations  of  those  who  pretend 
that  your  hon'ble  Body  are  determined  to  support  these 
insurgents ;  especially  as  this  Col*^  Warner  hath  been  con- 
stantly and  invariably  opposed  to  the  legislature  of  this 
State,  and  hath  been,  on  that  very  account,  proclaimed  an 
outlaw,  by  the  late  government  thereof.  However,  confid- 
ing in  the  honour  and  justice  of  the  great  Council  of  Amer- 
ica, we  hope  that  you  have  been  surprised  into  this  measure. 

By  order  of  the  House,  Sir,  I  inclose  you  the  Resolution 
upon  the  important  subject  of  this  letter,  and  am  further  to 
observe  that  it  is  absolutely  necessary  to  recall  the  Com- 
missions given  to  Col^  Warner  and  the  officers  under  him, 
[p.  63.]  as  nothing  else  will  do  justice  to  us  and  convince 
those  deluded  people  that  Congress  have  not  been  prevailed 
on  to  assist  in  dismembering  a  State,  which,  of  all  others, 
has  suffered  most  in  the  common  cause. 

The  King  of  Great  Britain  hath,  by  force  of  arms,  taken 
from  us  five  Counties,  and  an  attempt  is  made  in  the  midst 
of  our  distresses,  to  purloin  from  us  three  other  Counties. 
We  must  consider  the  persons  concerned  in  such  designs 
as  open  Enemies  of  this  State,  and,  in  consequence,  of  all 
America. 

To  maintain  our  jurisdictions  over  our  own  subjects  is  be- 
come indispensably  necessary  to  the  authority  of  the  Conven- 
tion ;  nor  will  any  thing  less  silence  the  plausible  arguments 
by  which  the  disaffected  delude  our  constituents  and  alienate 
them  from  the  common  cause.  On  the  success  of  our  efforts 
in  this  respect  depends,  too  probably  even  the  power  of  Con- 
vention to  be  longer  serviceable  in  this  glorious  contest.  It 
is  become  a  common  remark  in  the  mouths  of  our  most 
zealous  friends,  that  if  the  State  is  to  be  rent  asunder,  and 
its  jurisdiction  subverted  to  gratify  its  deluded  and  disor- 
derly subjects,  it  is  a  folly  to  hazard  their  Lives  and  fortunes 
in  a  Contest,  which,  in  every  event,  must  terminate  in  their 
ruin. 

I  have  the  honour  to  be 

with  great  respect.  Sir, 
your  most  obed*  and  hh^^  Serv*. 
By  order,  Abraham  Tenbroeck,  Presd*. 

Hon'ble  John  Hancock,  Esq. 


VERMONT   ASSUMES    GOVERNMENT.  2$  I 

Letter  from  Abraham   Tenbroeck  to  yohn  Hancock,  Presi- 

de7it  of  Congress,  dated 
[p.  65.]  Kingston,  Ulster  County  i  March,  1777. 

Sir — 

The  inclosed  letters  and  resolutions  were  proposed  some 
time  since,  but  for  reasons  with  which  you  need  not  be 
troubled  were  delayed.  Some  late  proceedings  of  the  disaf- 
fected within  this  State,  occasions  their  being  now  trans- 
mitted. 

I  am  directed  to  inform  you  that  the  Convention  are  en- 
gaged in  establishing  a  firm  and  permanent  system  of  Gov- 
ernment. When  this  important  Business  is  accomplished, 
they  will  dispatch  a  satisfactory  state  of  their  Boundaries,  and 
the  principles  on  which  they  are  founded  for  the  Information 
of  Congress.  In  the  mean  time  they  depend  upon  the  jus- 
tice of  your  Hon'ble  House,  in  adopting  every  wise  and 
salutary  expedient  to  suppress  the  mischiefs  which  must 
ensue  both  to  this  State  and  the  General  Confederacy,  from 
the  unjust  and  pernicious  project  of  such  of  the  Inhabitants 
of  New- York,  as  merely  from  selfish  and  interested  motives, 
have  fomented  this  dangerous  Insurrection.  The  Congress 
may  be  assured  that  the  spirit  of  Defection,  notwithstanding 
all  the  arts  and  violence  of  the  seducers,  is  by  no  means 
general.  The  County  of  Gloucester,  and  a  very  great  part 
both  of  Cumberland  and  Charlotte  Counties,  continue  stead- 
fast in  their  allegiance  to  this  Government.  Brigadier-Gen- 
eral Bailey's  letter,  a  copy  of  which  is  inclosed,*  will  be  a 
sufficient  proof  of  the  temper  of  the  people  of  Gloucester 
County.  Charlotte  and  Cumberland  continue  to  be  repre- 
sented in  Convention,  and  from  very  late  Information,  we 
learn  that  out  of  80  members  which  were  expected  to  have 
attended  the  mock-Convention  of  the  deluded  subjects  of 
[p.  66.']  this  State,  twenty  only  attended. 

We  are  informed  by  good  authority  that  Col^  Warner 
was  directed  by  the  general  to  send  forward  his  men  as  he 
should  enlist  them,  to  Ticonderoga ;  notwithstanding  which 
it  appeared  by  a  return  from  thence  not  long  since,  that  only 
24  privates  had  reached  that  post ;  nor  is  there  the  least  pros- 
pect of  his  raising  a  number  of  men,  which  can  be  an  ob- 
ject of  publick  concern,  though  instead  of  confining  himself 
to  the  Green  Mountains,  as  we  understand  was  the  intention 

*Gen.  Bailey's  letter  has  not  been  found. — Ed. 


252  NEW   HAMPSHIRE    GRANTS. 

of  the  Hon'ble  the  Congress,  he  has  had  the  advantage  of 
recruiting  in  Albany  and  other  places. 

I  have  the  honour  to  be,  with  great  respect,  Sir, 

Your  most  obedient  and  h'ble  Serv* 
By  order,  Ab^  Tenbroeck,  Presid*. 
Hon'ble  John  Hancock,  Esq. 


Order  of  Congress  on  the  last  three  mentioned  Papers. 

[p.  6"]?^  In  Congress,  7  April  1777. 

A  letter  of  the  20*^  of  January,  and  one  of  the  i^*  of  March 

last  from  the  Convention  of  the  State  of  New  York,  with  an 

Extract  from  the  minutes  of  the  Committee  of  Safety  of 

said  State,  dated  January  20*^  I777,  were  received  and  read. 

Ordered,  That  they  lie  on  the  Table. 

Extract  from  the  Journals  of  Congress. 

William  Ch  Houston,  D.  Sec'ry. 


Order  of  Co7tgress  on  the  Deelaraito?i  and  Petition  of  Inhab- 
itants of  N.  H.  Gra7its, 

In  Congress,  8^^  April   1777. 
A  Declaration  and  Petition  [see  ante,  p.  242]  from  sundry 
Inhabitants  of  the  New  Hampshire  Grants,  was  received 
and  read. 

Ordered,  That  it  lie  on  the  Table. 

Extract  from  the  Journals  of  Congress. 

William  Ch  Houston,  D.  Sec'ry. 


[Note.  At  this  juncture  of  the  controversy,  the  surrender  of  Ti- 
conderoga  and  the  invasion  of  Burgoyne's  army  rendered  it  necessary 
for  the  new  government  of  Vermont  to  ask  help  from  New  Hamp- 
shire.— Ed.] 


AID    TO    VERMONT.  253 


SECTION  VI. 


Vermont  asks  Aid  from  New  Hampshire. 


Letter  from  Ira  Allen  to  the  Committee  of  Safety  m  New 
Hampshire  tirging  immediate  assistance, 

[State  Pap.  N.  H.,  vol.  VIII,  p.  632.] 

Manchester,  15^^  July,  1777. 
In  Council  of  Safety,  State  of  Vermont. 
Gentlemen — 

This  State  in  particular  seems  to  be  at  present  the  object 
of  Destruction.  By  the  surrender  of  the  Fortress  Ticondero- 
ga  a  communication  is  opened  to  the  defenceless  inhabitants 
on  the  Frontier,  who,  having  little  more  in  present  store  than 
sufficient  for  the  maintenance  of  their  respective  Families, 
and  not  ability  immediately  to  remove  their  effects,  are  there- 
fore induced  to  accept  such  Protections  as  are  offered  them 
by  the  Enemy :  By  this  means  those  Towns  who  are  most 
contiguous  to  them  are  under  necessity  of  taking  such  Pro- 
tection by  which  the  next  Town  or  Towns  become  equally 
a  frontier  as  the  former  Towns  before  such  Protection  ; — 
and  unless  we  can  obtain  the  assistance  of  our  friends  so  as 
to  put  it  immediately  in  our  power  to  make  a  sufficient  stand 
against  such  strength  as  they  may  send,  it  appears  that  it 
will  soon  be  out  of  the  power  of  this  State  to  maintain  a 
frontier.  This  country,  notwithstanding  its  infancy,  seems 
as  well  supplied  [with]  provisions  for  victualling  an  army 
as  any  country  on  the  Continent ;  so  that  on  that  account, 
we  cannot  see  why  a  stand  may  not  as  well  be  made  in  this 
State,  as  in  the  State  of  New  Hampshire ;  and  more  espe- 
cially as  the  inhabitants  are  heartily  disposed  to  defend  their 
Liberties.  You,  Gentlemen,  will  be  at  once  sensible,  that 
every  such  Town  as  accept  protection,  are  rendered  at  that 
instant  forever  incapable  of  affording  us  any  further  assist- 
ance ;  and  what  is  infinitely  worse,  as  some  disaffected  per- 
sons eternally  lurk  in  almost  every  Town,  such  become 


254  NEW   HAMPSHIRE   GRANTS. 

double  fortified  to  injure  their  country;  our  good  disposi- 
tions to  defend  ourselves  and  make  a  frontier  for  your  State 
with  our  own,  cannot  be  carried  into  execution  without  your 
assistance  :  Should  you  send  immediate  assistance  we  can 
help  you,  and  should  you  neglect  till  we  are  put  to  the  ne- 
cessity of  taking  protection,  you  readily  know  it  is  in  a  mo- 
ment out  of  our  power  to  assist  you  :  your  laying  these  cir- 
cumstances together,  will  I  hope  induce  your  Honours  to 
take  the  same  into  consideration  and  immediately  send  us 
your  determination  in  the  Premises. 

I  have  the  satisfaction  to  be  your  Honours 

most  obed*  and  very  Hum^^  serv* 
Ira  Allen,  Sec^. 
The  Hon^^^  Council  of  Safety 
State  of  New  Hampshire. 

P.  S.  By  Express  this  moment  arrived,  we  learn  that  be- 
tween 3  &  6  Thousand  of  the  Enemy  are  fortifying  at  the 
Town  of  Castleton — our  case  calls  loud  for  immediate  as- 
sistance. 

(On  Public  service.)  I.  Allen. 


Letter  ff'oni  L'a  Alle7i,  relating  to  hastening  07t  Troops  to 

Vermont,  &e. 

[State  Pap.  N.  H.,  vol.  VHI,  pp.  633,  634.] 

Manchester,  15*^  July,  1777. 

In  Council  of  Safety,  State  of  Vermont. 

To  all  Militia  Officers  whom  it  may  concern : 

This  is  the  second  and  perhaps  the  last  Express  we  may 
be  able  to  send  you  from  this  post.  Your  immediate  Assist- 
ance is  absolutely  necessary :  a  few  hundred  militia  troops 
to  be  joined  to  our  present  strength  would  greatly  add  to  our 
present  encouragement ;  as,  by  very  late  information  we 
learn  that  a  large  scout  of  the  enemy  are  disposed  to  take  a 
Tour  to  this  Post,  the  inhabitants  with  their  families  cannot 
be  quieted  without  an  assurance  of  the  arrival  of  troops  di- 
rectly for  their  assistance  :  You  will  please  to  let  us  know 
your  determination  without  delay. 

The  Continental  Store  at  Bennington  seems  to  be  their 
present  aim.     You  will  be  supplied  with  provision  here  on 


AID    TO    VERMONT.  255 

your  arrival.     Pray  send  all  the  troops  you  can  possibly 
raise.     We  can  repulse  them  if  we  have  assistance. 
I  have  the  honor  to  be 

your  most  obed*  Hum^^  Serv* 
By  order  of  Council,  Ira  Allen,  Sec^. 


Letter  from  Meshech  Weare^  in  aiiswer  to  Ira  Allen  asking 

assistance  as  above. 

[Slade's  Ver.  State  Pap.,  p.  80.] 

Exeter,  July  19,  1777. 
Sir — 

I  was  favoured  with  yours  of  the  15*^  inst.  yesterday  by 
express,  and  laid  the  same  before  our  General  Court  who  are 
sitting. 

We  had,  previous  thereto,  determined  to  send  assistance 
to  your  State.*  They  have  now  determined  that  a  quarter 
part  of  the  Militia  of  twelve  regiments  shall  be  immediately 
draughted,  formed  into  three  battahons,  under  the  command 
of  Brig.  Gen.  John  Stark,  and  forthwith  sent  into  your  State, 
to  oppose  the  ravages  and  coming  forward  of  the  enemy ; 
and  orders  are  now  issuing,  and  will  all  go  out  in  a  few  hours 
to  the  several  Colonies  for  that  purpose.  Dependence  is 
made  that  they  will  be  supplied  with  provisions  in  your 
State ;  and  I  am  to  desire  your  Convention  will  send  some 
proper  person  or  persons  to  Number  Four,  by  Thursday  next, 
to  meet  Gen.  Stark  there,  and  advise  with  him  relative  to 
the  route  and  disposition  of  our  Troops,  and  to  give  him  such 
information  as  you  may  then  have,  relative  to  the  manoeu- 
vres of  the  enemy. 

In  behalf  of  the  Council  and  Assembly, 

I  am.  Sir,  your  most  obedient  humble  servant, 

Meshech  Weare,  President. 

Ira  Allen,  Esq.  Secretary  of  the 
State  of  Vermont. 


[Note.  The  fortunate  result  of  the  assistance  rendered  in  this  emer- 
gency, by  the  victory  of  Stark  at  Bennington  on  the  i6th  of  August  en- 
suing, is  matter  of  history.  Subsequently,  the  rigorous  views  of  the 
government  of  New  York  seem  to  have  been  much  softened,  as  appears 
by  the  proclamation  of  Gov.  Clinton,  which  follows. — Ed. 

*  By  mistake,  the  order  to  Gen.  Stark,  dated  July  19,  1777,  was  printed^  in  N.  H.  State 
Pap.,  vol.  viii,  p.  310,  "July  19,  1776." — Ed. 


256  NEW   HAMPSHIRE   GRANTS. 

Proclamation  of  Govejiior   George    Clintoji  of  New  Yorky 

February  23,   1778. 

[See  Slade's  Ver.  State  Pap.,  pp.  82-84.] 

By  his  Excellency  George  Clinton,  Esq.  Governor  of  the  State  of 
New  York,  General  of  all  the  Militia,  and  Admiral  of  the  Navy  of  the 
same. 

A  PROCLAMATION. 


L.  S. 


Whereas  the  Senate  and  Assembly  of  this  State,  did  by 

their  several  resolutions,  passed  the  twenty-first   day  of  this 

instant  month  of  February,  declare  and  resolve,  That  the  disaftection  of 
many  persons,  inhabiting  the  north  eastern  parts  of  the  County  oi  Al- 
batiy,  and  certain  parjs  of  the  Counties  of  Charlotte,  Cumberland  and 
Gloucester,  clearly  included  within  the  ancient,  original,  true  and  lately 
established  bounds  of  this  State,  arose  from  a  contest  about  the  prop- 
erty of  the  soil  of  many  tracts  of  land,  within  those  parts  of  the  said 
counties  respectively : 

That  the  said  contest  was  occasioned,  partly  by  the  issuing  of  divers 
interfering  patents  or  grants,  by  the  respective  Governments  of  New 
York  on  the  one  part,  and  those  of  Massachusetts  Bay  and  New  Hainp- 
shire  on  the  other,  antecedent  to  the  late  establishment  of  the  eastern 
boundary  of  this  State  ;  partly  by  an  higher  quit-rent  reserved  on  the 
said  lands  when  re-granted  under  New-York,  than  were  reserved  in  the 
original  grants  under  New  Hampshire  or  Massachusetts  Bay,  and  the 
exorbitant  fees  of  office  accruing  thereon  ;  and  partly  by  a  number  of 
grants  made  by  the  late  Government  of  New  York,  after  the  establish- 
ment of  the  said  Eastern  boundary,  for  lands  which  had  been  before 
granted  by  the  Governments  of  New  Hampshire  and  Massachusetts 
Bay,  respectively,  or  one  of  them ;  in  which  last  mentioned  grants  by 
the  late  government  of  New  York,  the  interest  of  the  servants  of  the 
Crown,  and  of  new  adventurers,  was,  in  many  instances,  contrary  to  jus- 
tice and  policy,  preferred  to  the  equitable  claims  for  confirmation,  of 
those  who  had  patented  the  lands  under  New  Hampshire  or  Massachu- 
setts Bay : 

That  the  aforesaid  disaffection  has  been  greatly  increased,  by  an  Act 
passed  by  the  Legislature  of  the  late  Colony  of  New-York,  on  the  ninth 
day  of  March,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
seventy-four,  entitled,  "An  act  for  preventing  tumultuous  and  riotous 
assemblies  in  the  places  therein  mentioned,  and  for  the  more  speedy 
and  effectual  punishing  the  rioters  :  "  *  That  many  of  the  aforesaid  dis- 
affected persons,  though  unjustifiable  in  their  opposition  to  the  authority 
of  this  State,  labour  under  grievances,  arising  from  the  causes  above 
mentioned,  which,  in  some  measure,  extenuate  their  offence,  and  which 
ought  to  be  redressed  : — 

That,  therefore,  the  Legislature  of  this  State,  while  on  the  one  hand, 
they  will  vigorously  maintain  their  rightful  supremacy  over  the  persons 
and  property  of  those  disaffected  subjects,  will,  on  the  other  hand,  make 
overtures  to  induce  the  voluntary  submission  of  the  delinquents  : — 

That  an  absolute  and  unconditional  discharge  and  remission  of  all 

*See  Slade's  Ver.  Pap.,  pp.  42-48. — Ed. 


AID    TO    VERMONT.  25/ 

prosecutions,  penalties  and  forfeitures,  under  the  above-mentioned  Act, 
shall  be  an  established  preliminary  to  such  overtures ;  which  overtures 
are  as  follows,  viz. — 

ist.  That  all  persons  actually  possessing  and  improving  lands,  by  title 
under  grants  from  New  Hampshire  or  Massachusetts  Bay,  and  not 
granted  under  N'cw-York,  shall  be  confirmed  in  their  respective  pos- 
sessions. 

2d.  That  all  persons  actually  possessing  and  improving  lands,  not 
granted  by  either  of  the  three  Governments,  shall  be  confirmed  in  their 
respective'  possessions,  together  with  such  additional  quantity  of  vacant 
land,  lying  contiguous  to  each  respective  possession,  as  may  be  neces- 
sary to  form  the  same  into  a  convenient  farm ;  so  as  the  quantity  to  be 
confirmed  to  each  respective  person,  including  his  possession,  shall  not 
exceed  three  hundred  acres. 

3d.  That  where  lands  have  heretofore  been  granted  by  New  Hainp- 
shire  and  Massachusetts-V>2.y ,  or  either  of  them,  and  actually  possessed 
in  consequence  thereof,  and  being  so  possessed,  were,  afterwards, 
granted  by  N'ew-York,  such  possessions  shall  be  confirmed;  the  poste- 
rior grant  under  New-York,  notwithstanding. 

Provided  always.  That  nothing  in  the  above  regulations  contained, 
shall  be  construed  to  determine  any  question  of  title  or  possession,  that 
may  arise  between  different  persons  claiming  under  New  Hampshire  or 
Massachusetts-Bay,  or  between  persons  claiming  under  New  Hampshire 
on  the  one,  and  under  Massachusetts-Bay  on  the  other  part  independent 
of  any  right  or  claim  under  New- York. 

4th.  That,  with  respect  to  all  such  cases,  concerning  the  aforsaid  con- 
troverted lands,  as  cannot  be  decided  by  the  rules  exhibited  in  the 
aforegoing  articles,  or  some  of  them,  the  Legislature  of  the  State  of 
Nezu-York,  will  provide  for  the  determination  of  the  same,  according  to 
the  rules  of  justice  and  equity,  arising  out  of  such  cases  respectively, 
without  adhering  to  the  strict  rules  of  law. 

5th.  That  in  all  cases,  where  grants  or  confirmations  shall  become 
necessary,  on  acceptance  of  the  above  overtures,  such  grants  or  confir- 
mations shall  issue  to  the  grantees,  at,  and  after,  the  rate  of  five  pounds 
for  a  grant  or  confirmation  of  three  hundred  acres  or  under ;  and  for 
every  additional  hundred  acres,  the  additional  sum  of  sixteen  shillings  j 
except  in  cases,  where  lands  shall  be  granted  or  confirmed  to  divers 
persons  in  one  entire  tract ;  in  which  case,  the  grants  shall  issue,  respec- 
tively, for  fifteen  pounds  each  ;  which  allowances  shall  be  in  lieu  of  all 
other  fees  or  perquisites  whatsoever. 

6th.  That  whenever,  agreeable  to  the  above  regulations,  new  grants 
or  confirmations  shall  become  necessary  under  this  State  for  lands  hith- 
erto granted  by  New  Ha^npshire  or  Massachusetts-Bay,  the  same  quit- 
rent  only  shall  be  reserved,  which  was  reserved  in  the  original  grants 
under  New  Hampshire  or  Massachusetts-Bay. 

7th.  That  where  lands,  heretofore  granted  by  New  Hampshire  or 
Massachusetts  Bay,  have  been,  since,  confirmed  to  such  grantees  by 
new  grants  under  New  York,  the  quit-rents  on  such  lands,  shall  be  re- 
duced to  what  they  were  in  the  original  grants  under  New-Hampshire 
or  Massachusetts-Bay. 

8th.  That  in  order  to  encourage  the  settlement  of  the  aforesaid  dis- 
puted lauds,  in  a  peaceable  subjection  to  the  authority  and  jurisdiction 
of  this  State,  and  also  of  all  other  lands  held  within  and  under  this 
State,  the  following  commutation  for  quit-rents  shall  be  allowed,  viz : — 

17 


258  NEW   HAMPSHIRE   GRANTS. 

That  on  payment,  at  the  rate  of  two  shillings  and  six  pence,  lawful  money, 
of  this  State,  into  the  treasury  of  this  State,  for  every  penny  sterling  of 
quit-rent  reserved ;  or,  on  delivering  into  the  same,  of  seventeen  times 
the  quantity  of  grain  or  other  commodity  reserved  for  such  quit-rent, 
the  same  shall  thence  forward  be  utterly  discharged,  and  forever  cease 
and  be  extinguished. 

That  these  overtures  should  be  offered  with  a  view,  not  only  to  induce 
the  aforesaid  discontented  inhabitants  of  the  Counties  of  Albany,  Char- 
lotte, Oitnberland  and  Gloucester,  to  return  to  a  lawful  and  rightful  obe- 
dience to  the  authority  and  jurisdiction  of  this  State,  but  also  in  favor 
of  all  others  whom  the  same  may  concern  ;  and  to  be  of  no  avail  to  any 
person  or  persons  whatsoever,  who  shall,  after  the  first  day  oi  May  next, 
yield  or  acknowledge,  any  allegiance  or  subjection  to  the  pretended 
state  of  Vennont,  the  pretended  government  thereof,  or  to  any  power 
or  authority  pretended  to  be  held  or  exercised  thereunder. 

That  the  foregoing  overtures,  on  the  condition  above  expressed,  be 
tendered  for  acceptance  to  all  persons,  to  whose  care  the  same,  or  any 
or  either  of  them,  do  or  shall  apply,  upon  the  public  faith  and  assurance 
of  the  legislature  and  government  of  the  State  oi  New  York,  pledged  to 
such  person  and  persons  for  the  purpose. 

That  the  several  branches  of  the  Legislature  of  the  State  of  New 
York,  will  concur  in  the  necessary  measures  for  protecting  the  loyal  in- 
habitants of  this  State,  residing  in  the  counties  of  Albany,  Charlotte, 
Cnmbe7'land  and  Gloucester,  in  their  persons  and  estates,  and  for  com- 
pelling all  persons,  residing  within  this  State  and  refusing  obedience  to 
the  government  and  legislature  thereof,  to  yield  that  obedience  and  alle- 
giance, which  by  law  and  right,  they  owe  to  this  State. 

And  whereas.  The  said  Senate  and  Assembly  of  this  State  of  New- 
York,  have  also,  by  their  resolution,  requested  me  to  issue  my  Procla- 
mation, under  the  privy  seal  of  this  State,  reciting  their  aforesaid  decla- 
rations and  resolutions,  and  strictly  charging  and  commanding  all 
manner  of  persons  in  the  name  of  the  people  of  the  State  oi  New-York, 
to  take  due  notice  thereof,  at  their  peril,  and  govern  themselves  accord- 
inly  : 

I  DO  THEREFORE  hereby,  in  the  name  of  the  people  of  the  State 
of  New  York,  publish  and  proclaim  the  aforesaid  declarations  and  reso- 
lutions ;  and  I  do  hereby,  strictly  charge  and  command  all  manner  of 
persons  within  this  State,  at  their  peril,  to  take  due  notice  of  this  Proc- 
lamation, and  of  every  article,  clause,  matter  and  thing  therein  recited 
and  contained,  and  to  govern  themselves  accordingly. 

Given  under  my  hand,  and  the  privy  seal  of  the  State  of  New  York, 
at  Poughkeepsie,  in  the  County  of  Dutchess,  the  twenty-third  day 
of  February,  in  the  year  of  our  Lord,  one  thousand  seven  hundred 
and  seventy-eight. 

GEO.  CLINTON. 

God  save  the  People. 


[Note.  The  foregoing  proclamation  was  not  accepted  by  the  people 
of  Vermont.  An  able  answer  was  made  to  it  by  Ethan  Allen,  in 
August,  1778.     (See  Slade's  Ver.  State  Pap.,  pp.  85-88.)— Ed.] 


OBSERVATIONS,    ETC. — AN   ADDRESS.  259 

Note. 

About  this  time  a  pamphlet  appeared,  signed  "  Republican,"  which 
advocated  and  recommended  the  formation  of  a  new  state,  to  be  com- 
posed of  towns  on  both  sides  of  the  Connecticut  river,  whose  centre  or 
capital  should  be  Dresden.  The  following  is  an  exact  copy  of  said 
pamphlet  (which  is  very  rare),  found  in  the  library  of  the  Massachusetts 
Historical  Society,  Boston : 

[Title-page.] 

Observations  on  the  right  of  jurisdiction  claimed  by 
THE  States  of  New  York  and  New  Hampshire,  over 
THE  New  Hampshire  Grants  (so  called)  lying  on 
BOTH  SIDES  OF  Co7inecticut-River.  In  a  letter  to  the 
inhabitants  on  said  Grants. 


Dan\'Ers  :   Printed  by  E.  Russell,  at  his  printing— [cut  off  in  trim- 
ming].    MDCCLXXVIII. 


Friends  and  Fellow  Citizens. 

My  acquaintance  with  Your  Political  State  and  circumstances,  and  of 
the  difficulties  attending  You,  induces  me  to  present  You  with  the  fol- 
lowing Remarks  and  Observations,  which,  according  to  my  apprehen- 
sion, may  serve  in  some  measure  to  point  out  the  way  for  a  removal  of 
them  :  And  as  my  only  design  is  to  promote  the  Public  Good,  if  it 
should  have  that  effect,  it  will  much  more  than  compensate  Your  real 
Friend  for  his  little  pains. — You  will  observe,  I  have  proposed  to  con- 
sider the  Right  of  Jurisdiction  claimed  over  You  by  the  States  ol  New 
York  and  New-Hai)ipshire. — In  prosecuting  which  I  shall  begin  with 
the  Origin  of  that  Jurisdiction,  and  pursue  it  down  to  the  present  time. 

Shall  therefore  begin  by  taking  notice  "  that  King  James  the  First, 
by  his  Patent,  dated  November  3'^,  1620,  incorporated  the  Duke  of 
Lenox,  the  Marquisses  of  Buckingham  and  Hay/iilton,  The  Earls  of  Ar- 
undel  and  Wa7"wick,  Sir  Ferna?ido  Gorges,  and  thirty-four  others,  by 
the  name  of  the  Great  Council,  established  at  Plyinouth,  in  the  County 
oi  Devon,  for  the  planting,  ruling,  ordering,  and  governing  oi  A^etu- Eng- 
land, in  America."'' And  grants  to  them  and  their  successors  and 

'*  assigns  all  that  part  oi  Ainerica  lying  and  being  in  breadth  from  the 
40°  of  northerly  latitude  from  the  equinoctial  line  to  the  48°  of  the  said 
northerly  latitude  inclusively,  and  in  length  of  and  within  all  the  breadth 
aforesaid  throughout  the  main  lands  from  sea  to  sea,  together  also  with 

all  the  firm  lands,  soil,  grounds,  havens,  &c. Provided  always, 

that  the  said  islands  or  any  the  premises  by  the  said  letters  patent  in- 
tended and  meant  to  be  granted  be  not  actually  possessed  or  inhabited 
by  any  other  Christian  Prince  or  State.'' 

This  Great  Council  established  at  Plymouth  as  aforesaid  soon  granted 


260  NEW    HAMPSHIRE    GRANTS. 

all  the  lands  contained  in  their  said  Grant  (as  they  supposed)  to  the 
soytrA  Ncw-Englaiui  Colonies,  and  resigned  their  Grant  into  the  King's 
hands  ;  and  among  the  several  grants  they  made,  they  granted  to  the  an- 
cestors oi  Robert  Mason,  Esq ;  his  heirs,  &c.  a  tract  of  land  about  twen- 
ty-four miles  on  the  sea  shore,  extending  back  into  the  Country  about 
sixty  miles,  commonly  called  New-HainpsJw-e -,  which  lands  on  the  east- 
erly part  of  them  next  to  the  sea  soon  began  to  settle,  but  were  much 
prevented  by  the  Indian  wars,  and  the  settlers  were  under  no  regular 
form  of  Government,  except  that  the  Massachusetts-Bay  in  some  meas- 
ure exercised  Jurisdiction  over  them. In  this  situation  they  continued 

until  after  the  restoration  of  Charles  the  Second,  and  in  the  sixth  year 
of  his  reign  a  commission  was  granted  to  John  Cutis,  Esq ;  President 
of  the  Council  established  for  the  ruling  and  governing  of  said  Neiv- 
Havipshire,  bounding  it  as  follows,  viz.  "Lying  and  extending  from 
three  miles  northward  of  Merrijnack-'RixtY,  or  any  part  thereof,  unto 
the  province  of  Maine  (No.  "  E.")  " — Afterwards,  in  said  commission 
there  is  this  further  clause,  viz.  "And  it  appearing  unto  Us  that  the  an- 
cestors of  Robert  Mason,  Esq  ;  obtained  Grants  from  our  Great  Council 
of  Plyino2ith  for  the  tract  of  land  aforesaid,  and  were  at  great  expence 
upon  the  same,"  &:c. Whereby  it  appears  that  said  province  of  New- 
Hampshire  as  it  was  then  bounded,  and  the  grant  to  the  said  Mason 
was  one  and  the  same  tract  of  land  ;  under  which  form  of  Government 
said  province  of  N'eiv-Hajnpshire  continued  until  a  commission  was 
granted  to  Benning  IVentworth,  Esq  ;  enlarging  the  extent  of  said  prov- 
ince by  including  all  the  lands  in  said  Grants  on  both  sides  of  Coimecti- 
c?it-RiveY,  with  power  of  granting  them  in  the  name  of  the  King ;  and 
also  right  of  Jurisdiction  over  the  whole  ;  which  Governor  IVentworth 
o-ranted  great  part  of  those  lands  included  in  said  Grant  previous  to  the 
sixth  year  of  the  reign  of  George  the  third,  when  his  said  commission 
was  revoked,  and  a  commission  granted  to  John  IVentworth,  Esq ;  to 
preside  Governor  over  the  same  extent  of  Territory;  who  continued  in 
his  seat  of  government  until  the  commencement  of  the  present  war,  and 
then  left  it  vacant. — These  commissions  are  all  the  Grants  that  were 
ever  made  or  given  to  said  province  oi  New-Hampshire  relative  to  their 
Civil  Government ;  and  were  held  subject  to  alteration  or  revocation  at 
the  pleasure  of  the  Crown :  And  the  said  John  IVentworth  while  he 
presided  Governor  as  aforesaid  granted  the  remainder  of  the  lands  on 
said  Grants  ;  and  in  consequence  thereof  the  Grantees  have  entered  up- 
on them  and  cultivated  and  improved  them,  extending  from  said  former 
province  oi  New-Hampshire,  or  said  Masoti's  westerly  line  westward  to 
Lake-Champlain  or  thereabouts  ;  southerly  to  the  north  line  of  the  Mas- 
sachusetts-Bay ;  northerly  to  the  Canada  line,  and  easterly  to  the  prov- 
ince of  Main. 

These  Grants  remained  under  the  Government  of  New-Hajnpshtre 
until  about  the  year  1764;  when  a  determination  of  the  Lords  of  the 
Board  of  Trade  and  Plantations  was  obtained  by  the  Province  of  New- 
York,  that  the  Jurisdiction  of  the  Grants  west  of  Co7mecticut-River 
should  be  under  New-York  ;  at  the  same  time  confirming  and  approving 
those  Grants  by  Governor  IVentworth  as  aforesaid. 

In  this  situation  the  Government  on  those  Grants  continued  untilthe 
commencement  of  the  present  war ;  since  which  the  several  Conventions 
and  Assemblies  of  the  State  oi  New  York  claim  Jurisdiction  over  those 
Grants  west  of  Co7mecticut-River,  and  the  Conventions  and  Assemblies 
of  the  State  of  New-Hajnpshire  claim  Jurisdiction  over  the  Grants  east 


OBSERVATIONS,    ETC. — AN    ADDRESS.  26l 

of  said  River,  nothwithstanding  the  refusals  to  submit  and  repeated 

remonstrances  against  said  claim. In  order  therefore  to  examine  the 

justice  of  them,  it  will  be  necessary  to  consider  them  distinctly  and 
apart. 

And  First, — All  the  right  that  ever  New  York  had,  either  to  the  Soil 
or  Jurisdiction  of  those  Grants  west  of  Coiinectiait-River ,  came  by  vir- 
tue of  the  Royal  Grant  to  the  Duke  of  York  ;  this  is  the  only  basis  of 
the  extent  of  said  Province  or  State  ol New-York,  except  the  decree  of 
the  Board  aforesaid.  It  will  be  necessary  therefore  in  this  inquiry  to 
recite  part  of  said  Royal  Charter,  so  far  as  it  relates  to  the  bounds  and 

limits  thereof,  together  with  date,  &;c. But  before  we  proceed  shall 

take  notice  that  at  the  time  of  the  Grant  made  by  King  James  to  the 
Council  established  at  Plyinoiith  as  aforesaid,  the  Dutch  and  Sweeds 
were  in  possession  oi New-York,  Albaiiy,  and  part  of  the  Jersies ',  and 
about  that  time  or  a  little  after  and  before  1653  there  was  a  settlement 
of  some  French  at  a  place  called  St.  Croix  near  to  New-Scotland  (alias) 
Nova-Scotia  (and  a  few  families  of  Dutch  settled  at  Hartford  on  Con- 
necticut-River, which  settlement  at  Hartford  was  evacuated  long  before 
the  Grant  to  the  Duke  of  York,  and  all  pretensions  to  any  claim  on  Con- 
necticut-River given  up.)  I  now  proceed  to  observe  that  1664  (there 
being  a  war  between  the  English  and  Dutch^  King  Charles  meditated 
sending  a  force  to  cause  the  Dutch  to  surrender  the  lands  by  them  pos- 
sessed on  Hudson'' s  River,  and  on  the  12th  of  March,  1664,  by  his  let- 
ters patent  "Gave  and  granted  to  his  Royal  Brother  James,  Duke  of 
York  all  that  part  of  the  main-land  in  New-England,  beginning  at  a  cer- 
tain place  called  and  known  by  the  name  of  St.  Croix  next  adjoining  to 
New-Scotland  in  America,  and  from  thence  extending  along  the  sea 
coast  unto  a  place  called  Peroniquie  or  Pieniquid  and  so  up  the  River 
thereof  to  the  furthermost  head  of  the  same  as  it  tendeth  northward, 
and  extending  from  thence  to  the  River  Kenebeque  and  upward  by  the 
shortest  course  to  the  River  Canada  northward ;  and  also  all  that  island 
or  islands  commonly  called  by  the  several  name  or  names  Mattawacki 
or  Long  Island,  situate,  lying,  and  being  toward  the  west  of  Cape-Cod 
and  the  N'arragansett,  abutting  up  the  main  land  between  the  two 
Rivers  there  called  and  known  by  the  names  of  Conjiecticut  and  Hud- 
son'^s-River,  and  all  the  land  from  the  west  side  of  Connecticut-River, 

to  the  east  side  oi  Delaware-Bay. And  also  all  those  several  islands 

called  or  known  by  the  names  of  Martin'' s- Vineyard  and  N'antucks, 
otherwise  called  Nantucket ,  together  with  all  the  lands,  soils,  islands, 
&c.  and  all  the  estate,  right,  title,  interest,  benefit,  advantage,  claim 
and  demand  of,  in,  or  to  the  said  lands  and  premises,  or  any  part  or 
parsels  thereof." 'And  at  the  same  time  gave  a  commission  to  Colo- 
nel Richard  Nichols  to  dispossess  the  Dutch  and  take  possession  thereof 
in  behalf  of  his  Brother  the  Duke  of  York,  which  was  accordingly  exe- 
cuted in  the  month  of  August  1664,  and  Colonel  Nichols  remained  in  the 
Duke's  Government  three  years,  and  in  June  1670  the  Dutch  Government 
was  again  revived  and  continued  until  1674  on  a  treaty  of  peace  signed  at 
Westminster  in  February.  The  English  Government  was  restored,  and 
on  the  29*'^  of  June  1674  his  Royal  Highness  the  Duke  of  York  obtained 
from  the  King  a  new  Patent  of  the  same  lands  and  territories  in  the 
same  words  with  the  former  differing  only  in  the  date.' 

Having  thus  far  recited  the  bounds  and  limits  of  the  Grant  to  the 
Duke  of  York  which  is  all  that  can  be  claimed  in  favor  of  the  present 
State  of  New-York,  as  to  the  extent  of  their  Jurisdiction  as  being 


262  NEW    HAMPSHIRE    GRANTS. 

patentees  or  Assignees  to  the  Duke,  I  shall  now  proceed  to  consider  in  a 
legal  and  rational  point  of  light,  and  show  that  by  a  fair  construction  it 
cannot  be  supposed  to  include  those  Grants  or  any  part  of  them  west  of 
Coiuiecticut-River . — Therefore,  in  the  first  place  take  notice  that  two 
thirds  or  more  of  the  lands  and  territories  literally  contained  in  the 
Duke's  Grant  were  so  obviously  absurd  (as  to  its  holding  them)  that  all 
pretensions  of  claim  to  them  have  been  laid  aside  from  the  beginning; 
and  scarcely  any  part  thereof  is  holden  according  to  the  literal  and 
express  words  of  the  Grant. — This  therefore  makes  it  necessary  to  in- 
quire upon  what  principle  or  construction  they  do  or  can  hold? — I  an- 
swer by  the  reserve  made  in  the  Grant  of  King  James  to  the  Council 
established  ?X  Plyjiioiith  as  before  recited,  viz.  "All  lands,  &c.  271  the 
possession  of  sofne  ot/ier  Christian  Prince  or  State ; "  and  had  it  not 
been  for  this  proviso  or  reserve  the  Duke  would  have  taken  nothing  by 
his  Grant ;  For  all  except  this  was  granted  to  the  Council  of  Plynwiith, 
and  by  them  regranted,  &c. — Therefore  the  fair  construction  of  the 
grant  must  be  that  it  includes  all  the  lands  within  the  limits  of  New- 
England  that  were  in  the  possession  of  some  Christian  Prince  or  State 
other  tha)i  the  King  of  England  at  the  time  of  granting  to  the  Council 
oi  PlymoiUh  as  aforesaid,  and  no  more. — Consonant  to  this  construction 
has  been  the  practice  and  proceeding  of  all  parties  concerned  from  the 
beginning :  To  this  we  may  observe  that  the  subduing  the  Dutch  in 
order  to  obtain  possession  for  the  Duke  was  as  early  and  even  coeval 
with  the  Grant  itself. — And  when  the  Dutch  had  revolted  from  under 
the  English  government  and  were  a  second  time  brought  under  subjec- 
tion the  Duke  applied  for  a  second  Grant  of  the  same  land  which  plainly 
shews  he  was  apprehensive  that  his  first  Grant  was  lost  by  the  revolt  of 
the  Dutch ;  and  also  that  the  lands  they  were  in  possession  of,  and 
which  they  claimed,  were  the  lands  and  territories  contained  in  his 
Grant ;  agreeable  to  this  have  been  all  the  settlement  of  the  limits  and 
boundaries  of  this  Grant  by  the  Duke,  his  Patentees,  or  Assignees  with 
the  other  Colonies  adjoining  to  them  from  first  to  last. — Also  the  bounds 
and  extensions  of  this  Grant  clearly  show  that  this  was  the  intent  of  it. 
— For  observe,  the  Grant  expressly  extends  to  every  part  of  N'ew-Eng- 
la7id  whero.  there  had  been  any  settlement  of  any  foreign  nation,  though 
ever  so  remote  from  the  main  object,  viz.  New  York ;  which  cannot  be 
rationally  accounted  for  but  upon  this  principle,  viz.  to  include  all  the 
lands  that  were  reserved  as  aforesaid.  Much  more  might  be  said  to 
establish  this  construction  of  the  Grant,  but  I  think  what  has  been  as- 
signed is  sufficient,  at  least  for  my  present  purpose  :  And  therefore  shall 
only  observe,  that  if  this  construction  be  true,  and  there  was  no  settle- 
ment or  claim  of  the  Dutch  or  any  other  Christian  Prince  or  State  other 
than  tlie  English  on  or  near  Connecticut-River  at  the  time  of  granting 
to  the  Council  of  Plymouth  or  the  Duke  of  York  there  can  be  no  pre- 
tensions of  extending  said  Grant  to  Connecticut-River  or  any  part 
thereof. 

I  SHALL  observe  once  more,  that  even  by  the  literal  expressions  in 
said  Grant  or  Patent  it  cannot  be  supposed  to  include  those  lands ;  for 
the  only  clause  in  said  Grant  that  can  be  pretended  to  include  the  lands 
on  which  said  Grants  are  is  this,  viz.  "And  all  the  land  from  the  west 
side  of  Connecticut-River  to  the  east  side  of  Delaware-Bay.''^ — Now  all 
the  lands  that  may  be  fairly  said  to  lie  between  those  two  extremes  may 
be  said  to  be  included  by  that  clause,  and  those  lands  which  cannot  be 
said  to  lie  between  those  boundaries  cannot  be  said  to  be  included, 


OBSERVATIONS,    ETC. — AN   ADDRESS.  263 

although  they  may  be  said  to  lie  west  of  Connectic7it-River :  For  observe 
by  the  expression  they  must  lie  east  of  Delaware-Bay  as  well  as  west  of 
Connecticut-River. — Therefore  for  trial's  sake  let  us  suppose  a  line 
drawn  from  the  mouth  of  Connecticut-River  to  the  east  side  of  Delaicare- 
Bay  even  to  the  northern  extent  of  it. — This  I  believe  without  dispute 
would  leave  all,  or  nearly  all  the  lands  on  the  main  west  of  Connecticut- 
River  to  the  north  ;  this  construction  therefore  won't  answer :  Then  let 
us  suppose  a  line  drawn  from  the  head  of  said  River  to  the  east  side  of 
Delaware-Bay,  and  then  the  lands  on  those  Grants  will  still  lie  west- 
ward, and  not  be  included  :  There  is  therefore  but  one  way  that  I  can 
possibly  think  of  that  will  comport  with  the  phrase  and  include  the  lands 
in  question ;  and  that  is  to  extend  Delaware-Bay  in  the  same  degree  of 
longitude  that  it  is  now  in  as  far  north  as  the  head  of  Connecticut-River, 
and  then  all  the  lands  west  of  Connecticut-River  and  east  of  Delaware- 
Bay  would  be  included  by  that  clause  so  as  to  take  in  the  lands  on  the 
said  Grants ;  such  a  construction  every  unbiassed  mind  will  reject. — I 
shall  therefore  dismiss  this  point  relative  to  the  right  of  Jurisdiction 
merely  by  the  extent  of  said  Grant,  and  proceed  to  the  consideration  of 
it  in  a  different  view :  For  whether  the  lands  on  those  Grants  are  in- 
cluded in  the  Grant  to  the  Duke  of  York  or  not,  the  fee  of  them  has 
been  granted  by  the  Crown  to  the  present  Grantees  and  since  confirmed 
to  them  ;  so  that  Jurisdiction  is  the  only  matter  in  dispute.  The  light  in 
which  I  shall  now  consider  this  right  is  relative  to  the  decree  of  the  Lords 
of  Trade  and  Plantation  before-mentioned,  which,  I  suppose,  is  the 
greatest  right  that  can  be  urged  in  favor  of  the  claim.  And  in  this  point 
of  light  I  consider  all  the  grants  upon  equal  footing  :  For  as  to  any  con- 
nexions by  grant  or  charter  either  with  the  State  of  New-York  or  New- 
Hampshire,  I  have  observed  there  is  none,  except  royal  commissions  to 
Governors  in  the  one  gase,  and  a  decree  of  the  Lords  in  the  other,  that 
can  be  challenged  as  giving  them  a  right  to  exercise  Jurisdiction  in  this 
case.  Let  us  therefore  consider  what  the  nature  and  design  of  these 
commissions  to  exercise  Jurisdiction  over  particular  territories  and  ex- 
tent of  lands  are. 

i^'.  They  are  altogether  exparte  without  the  privity,  knowledge,  or 
consent  of  the  People  governed ;  for  they  never  know  by  whom  or  in 
what  manner  they  are  to  be  governed  until  the  commission  be  published. 

2*1.  They  are  held  only  at  the  pleasure  of  the  Crown ;  and  that  too 
by  being  liable  to  alteration  at  any  time  as  the  Crown  shall  see  fit. 

3*^.  It  is  an  express  command  to  the  subjects  to  submit  and  obey; 
this  is  all  the  People  can  claim  any  right  to :  In  short  it  amounts  to 
this  ;  do  you  A.  B.  or  C.  exercise  government  or  rule  over  my  subjects 
in  such  a  place  during  my  pleasure  according  to  such  and  such  rules, 
and  such  others  as  I  shall  give  you  from  time  to  time ;  and  do  you 
my  people  as  subjects  obey  according. — I  ask  in  this  case  what  act 
or  choice  the  people  have  in  this  jurisdiction  any  more  than  a  com- 
pany of  slaves  have  in  a  plantation  under  the  government  of  one  driver 
to-day  and  a  new  one  to-morrow?  Those  who  think  this  is  pointed  too 
high  are  desired  to  read  either  of  those  Governor's  commissions  at  their 
leisure. Therefore  what  absurdity  is  it  to  urge  that  since  this  oppres- 
sive arm  of  power  is  broken,  and  the  oppressed  set  at  liberty  to  govern 
themselves,  that  therefore  one  part  has  right  of  Jurisdiction  over  the 
other  part  merely  because  they  were  once  under  the  same  master  by 
mear  compulsion ;  that  this  is  the  case  relative  to  the  People  on  these 
Grants  is  clear  and  indisputable,  for  this  Jurisdiction  has  been  changed 


264 


NEW   HAMPSHIRE    GRANTS. 


twice  if  not  three  times  in  the  course  of  twelve  or  fourteen  years  without 
the  least  of  their  privity  or  consent.  Such  Jurisdictions  as  these  there- 
fore never  bind  a  people  together  any  longer  than  the  force  that  first 
compelled  continues  over  them,  and  when  that  ceases  they  in  point  of 
social  compact  revert  to  a  state  of  nature.  No  part  in  this  case  can 
claim  right  of  Jurisdiction  over  the  other  without  claiming  power  from 
the  same  fountain.  One  thing  more  enters  into  the  consideration  of 
this  right  which  I  shall  take  notice  of  in  this  place  ;  and  that  is  the  local 
situation  of  the  people  in  a  particular  state  or  Jurisdiction ;  when  they 
are  so  situated  that  they  cannot  attend  upon  the  matter  of  Government 
that  concern  them  with  any  tolerable  convenience,  it  becomes  necessary 
for  an  alteration  of  the  extent  of  such  Jurisdiction.  Otherwise  the  de- 
sign of  Government  would  be  entirely  frustrated.  I  know  in  govern- 
ments when  the  people  had  little  or  nothing  else  to  do  but  to  obey 
Royal  Mandates,  &c.  the  more  remote  they  were  from  the  seat  of  gov- 
ernment the  better;  but  in  Republican  States  it  is  otherwise,  there 
every  one  has  more  or  less  to  do,  and  therefore  ought  to  be  so  situated 
that  he  can  act  his  part,  otherwise  he  has  no  share  in  the  Government. 
When  any  part  of  a  State  is  so  situated  that  the  Inhabitants  cannot  at- 
tend upon  the  matter  of  Government  within  the  State  with  any  tolerable 
degree  of  convenience,  this  ill  effect  will  always  follow,  viz.  That  they 
will  grow  remiss  and  negligent,  and  thereby  expose  themselves  to  be 
overreached  and  oppressed  by  the  other  part. 

From  what  has  been  said  therefore  relative  to  the  right  claimed  by 
New-  York  and  New  Hampshire  over  the  said  Grants  on  account  of  these 
Royal  Commissions  or  Impositions,  it  is  clear  and  plain  that  it  is  alto- 
gether founded  in  force  and  compulsive  power,  and  not  in  compact  and 
agreement,  which  power  upon  the  Declaration  of  Independence  of  the 
United  States  became  null  and  void,  and  therefore,  there  being  no  com- 
pact or  agreement  of  the  People  whereby  they  became  united  with 
either  of  those  States,  they  in  that  case  reverted  to  a  State  of  nature  as 
to  Government,  and  stand  entirely  unconnected  with  them.  This  being 
the  case  necessity,  the  Providence  of  God,  your  own  interest  and  pru- 
dence call  upon  you  to  put  yourselves  into  a  state  of  Government  either 
by  connecting  with  some  State  already  formed,  or  by  erecting  your- 
selves into  a  new  and  distinct  State.  If  you  have  already  pursued  all 
reasonable  measures  for  a  Union  with  some  other  State  to  no  effect,  or 
your  local  and  other  circumstances  are  such  as  render  it  extremely  diffi- 
cult if  not  impracticable  to  be  united  with  any  State  already  formed, 
your  indispensible  duty  is  to  form  yourselves  into  a  distinct  State,  and 
that  without  delay.  The  common  cause  in  which  we  are  all  embarked, 
your  interest,  and  especially  that  of  the  orphan  and  widow,  and  your 
morals  suffer  by  the  delay. — But  doubtless  there  will  be  objections  aris- 
ing in  the  minds  of  some  against  proceeding  at  this  time :  I  will 
therefore  endeavor  to  mention  the  most  material  and  answer  them. 
And 

jst^  It  will  be  objected  that  you  are  not  of  sufficient  ability  to  support 
and  maintain  Government. — To  this  I  would  only  say,  you  are  much 
more  able  in  any  respect  than  any  of  the  United  States  were  when  they 
first  began  their  respective  Governments. 

Objection  2^.  We  have  not  yet  fully  established  our  Independence  ; 
let  us  finish  that  matter  first,  and  then  see  about  erecting  new  States, 
&c. — To  this  I  would  answer.  The  only  way  to  vanquish  our  inveterate 
Enemy  and  support  our  Independence  is  first  to  regulate  and  settle 


OBSERVATIONS,    ETC. AN   ADDRESS.  ^        265 

matters  at  home  ;  for  while  things  remain  in  confusion  among  ourselves, 
we  may  expect  they  will  be  so  throughout :  Hence  ariseth  the  difficulty 
of  raising  our  army,  equiping,  cloathing  them,  »S:c. — And  further  as  the 
United  States  are  all  settled  and  settling  their  plans  of  Government, 
for  you  to  be  still  or  in  part  to  act  with  them  until  all  things  are  settled, 
and  then  break  off  and  set  up  a  new  State  would  be  imposing  upon  and 
dealing  deceitfully  with  them  :  Besides  you  will  thereby  give  up  your 
natural  right  of  forming  into  a  State  of  Government,  and  lie  at  the  will 
of  those  with  whom  you  have  acted  whether  you  shall  have  the  liberty 
or  not. — Therefore  now  is  the  time  either  to  go  forward  and  act  on  the 
affair  or  give  up  all  pretensions  of  ever  doing  anything  about  it  hereaf- 
ter. In  addition  to  this  you  may  be  assured  that  whoever  lives  to  see 
matters  abroad  fully  settled  respecting  the  present  dispute  will  also  see 
greater  altercations  and  sharper  contests  about  our  internal  police  and 
domestic  affairs,  if  they  remain  unsettled  until  that  time,  than  we  have 
yet  seen,  or  men  and  things  will  be  much  altered  from  whatever  they 
have  been. 

But  I  pass  to  another  Objection,  viz.  That  there  is  no  supreme  power 
yet  erected  by  the  United  States  to  make  and  grant  Jurisdiction  to  any 
new  State,  and  therefore  it  cannot  now  be  done. — I  answer  it  is  true 
there  is  no  such  power  yet  erected,  and  I  pray  God  there  never  may  be  ; 
for  should  there  be  such  a  power  established,  these  Republican  States 
would  thereby  become  a  Monarchy. — It  will  be  asked  then,  why  was  it 
that  all  States  or  Bodies  Politic  heretofore  obtained  Jurisdiction  from 
the  Crown  before  they  pretended  to  exercise  Government?  And  if  nec- 
essary then  why  not  now  from  some  supreme  power?  The  reason  is  this, 
the  King  of  Great-Britain  was  Lord  of  the  fee,  and  Chief  Magistrate  of 
all  executive  pow'er  throughout  his  Dominions  ;  therefore  all  Government 
was  exercised  in  his  name  and  by  his  authority.  This  will  therefore 
lead  us  to  inquire  from  whence  this  power  of  Jurisdiction  must  now 
arise  ?  I  answer  from  the  People  who  are  to  be  the  subjects  of  this  Gov- 
ernment, the  true  and  Original  Source  of  all  Government,  there  is  noth- 
ing more  or  less  that  can  give  one  man  right  to  rule  and  exercise  Gov- 
ernment over  another  but  his  agreement  and  consent  thereto ;  therefore 
all  that  is  necessary  to  give  any  body  of  men  power  or  right  to  exercise 
Government  in  and  over  themselves,  is  their  mutual  compact  and  agree- 
ment for  that  purpose. — When  this  is  done  they  have  all  the  power  they 
can  or  ever  will  have  from  any  true  source  or  fountain ;  nay  they  are 
not  under  the  necessity  of  asking  liberty  of  any  other  power  thus  to 
confederate  together,  &c. — Neither  is  there  any  power  on  this  Continent 
(except  Lord  or  General  Howe)  that  will  pretend  either  to  give  leave  or 
forbid  in  this  case  ;  therefore  the  objection  is  of  no  force. — It  will  be 
asked  then  whether  upon  a  new  State  being  formed  on  this  Continent 
or  (we  will  say)  on  these  Grants,  they  have  anything  to  do  with  the 
United  States  in  order  to  be  a  complete  State  for  Civil  Government?  I 
answer  as  to  their  internal  police  or  Civil  Government  simply  considered 
they  have  not ;  but  in  a  relative  sense  they  have ;  and  in  this  way,  when 
they  once  become  a  distinct  State  or  Body  Politic  then  they  are  a  proper 
member  or  body  to  be  treated  with  and  received  into  Union  and  Con- 
federation with  this  great  and  Aggregate  Body,  and  not  before  :  In  this 
way  only  can  they  become  one  of  the  United  States,  viz.  by  the  United 
States  agreeing  to  receive,  and  the  particular  State  agreeing  to  unite 
with  and  submit  to  the  terms  and  conditions  of  this  Aggregate  Body. 
Thereby  they  become  a  proper  subject  of  its  controul  and  Government. 


266  NEW   HAMPSHIRE    GRANTS. 

— Thus  you  may  plainly  see  that  all  Government  from  the  highest  to  the 
lowest  is  founded  in  compact.  But  methinks  these  observations  will 
produce  the  curiosity  to  know  in  what  point  of  light  this  particular  State 
would  be  considered,  when  formed  and  presented  to  the  United  States 
for  acceptance,  should  it  then  be  rejected?  I  answer  the  United  States 
would  treat  them  as  a  neighbor  according  to  their  behavior :  For  al- 
though  they  should  not  receive  them  they  cannot  in  justice  annihilate 
them,  because  they  having  never  been  connected  with  them,  are  not 
under  their  power  or  controul.  Therefore  if  they  behave  as  an  honest 
Neighbor  they  will  treat  them  accordingly,  but  if  their  conduct  should 
be  inimical  to  the  United  States  they  will  be  treated  as  enemies.  This 
doubtless  would  be  the  case. 

Thus,  Gentlemen  in  a  brief  manner  I  have  endeavored  to  point  out 
your  political  situation  and  circumstances,  and  your  duty  relative  there- 
to. I  shall  therefore  close  wdth  a  word  of  advice  ;  and  that  is,  if  you 
should  think  it  expedient  upon  what  has  been  observed  to  proceed  in 
forming  a  distinct  State,  by  all  means  be  unanimous  and  consider  your- 
selves on  these  Grants  as  being  all  on  the  same  foundation.  Act  to- 
gether as  one  collective  body  so  situated  by  the  Providence  of  God,  as 
clearly  point  out  the  necessity  and  convenience  of  your  being  united  in 
a  distinct  State. — Therefore  divisions  among  yourselves  either  by  riv- 
ers, mountains  or  the  like  may  prove  fatal ;  especially  in  respect  to  your 
acceptance  and  approbation  by  the  United  States,  &c.  Much  will  de- 
pend on  your  joint  and  unanimous  proceedings ;  I  therefore  submit  the 
whole  to  your  candid  perusal : 
And  am,  Gentlemen, 

Your  most  obedient  and  humble  servant, 

REPUBLICAN. 

January  6,  1778. 


POSTSCRIPT. 

Containing  Observations  wrote  since  the  Publication  of  the  Articles 
of  Confederation  of  the  United  States  of  America. 

Since  my  finishing  the  foregoing  I  have  had  opportunity  to  peruse 
the  proposed  Articles  of  Confederation  of  the  United  States,  and  think 
it  necessary  to  make  some  Observations  on  the  second  and  ninth  arti- 
cles, which  I  conceive  are  of  importance  to  consider,  especially  as  to 
the  proper  time  for  your  Uniting  and  forming  into  a  distinct  State,  &c. 
— You  will  take  notice  that  by  the  second  article  "  Each  State  is  to 
retain  its  sovereignty,  freedom,  and  independence,  and  every  power, 
jurisdiction,  and  right  which  is  not  by  the  Confederation  expressly  del- 
egated to  the  United  States  in  Congress  assembled." 

You  will  observe  also  that  in  the  ninth  article  provision  is  made  for 
the  hearing  and  determining  matters  of  dispute  between  any  two  or 
more  States  relative  to  Jurisdiction,  boundary,  or  any  other  matter  what- 
ever ;  but  no  provision  for  Congress  to  hear  or  determine  any  matter  of 
dispute  between  one  part  of  a  State  and  the  other  ;  but  are  prevented  by 
the  second  article. — Neither  is  there  any  provision  for  Congress  to  inter- 
pose relative  to  dividing  any  State  or  States,  for  the  purpose  of  erecting 
a  new  State  or  Jurisdiction,  or  of  transferring  any  part  of  one  to  the 
Jurisdiction  of  another,  &c.    This  matter  is  left  to  each  particular  State 


OBSERVATIONS,    ETC. AN   ADDRESS.  26/ 

to  determine  as  they  shall  think  proper :  This  is  agreeable  to  what  I 
before  observed,  that  as  to  erecting  particular  States  or  Jurisdictions 
the  United  States  in  Congress  had  nothing  to  do,  neither  would  they 
intermeddle  in  those  matters. — Therefore  all  the  particular  States  as  to 
their  Powers,  Jurisdictions,  and  Rights  as  they  are  or  will  be  when  the 
Confederation  takes  place  and  Government  is  settled  in  the  respective 
States  will  be  unalterably  established  and  must  so  remain  as  long  as  the 
Confederation  lasts,  unless  they  shall  see  fit  to  alter  themselves,  the 
probability  of  which  I  leave  every  one  to  judge  who  knows  that  men 
and  bodies  of  men  are  governed  by  self-interest. — This  I  think  a  suffi- 
cient answer  to  those  who  are  for  putting  off  the  affair  until  all  public 
matters  are  settled  and  then  enter  upon  making  new  States,  Sec.  They 
in  that  case  will  be  told  it  is  now  too  late ;  this  consideration  therefore 
will  make  it  necessary  to  enquire  more  particularly  what  steps  are  pru- 
dent to  be  taken  by  the  Inhabitants  living  on  the  Grants  east  of  Co?i- 
necticut-River,  especially  as  we  find  the  present  assembly  of  New-Hamp- 
shire "have  directed  the  several  towns  and  districts  if  they  see  fit  to 
instruct  their  Representatives  at  their  next  sessions  to  call  an  Assembly 
by  a  full  and  free  election  to  convene  together  for  the  sole  purpose  of 
establishing  a  permanent  plan  of  Government  for  the  State,"  and  there- 
fore many  will  say  perhaps  such  a  plan  will  be  settled  as  will  give  satis- 
faction to  all  parties  concerned  :  And  further  that  it  is  our  indispensible 
duty  to  assist  in  forming  this  plan  in  order  if  possible  to  have  it  so  done 
that  we  may  be  satisfied,  but  if  after  all  we  cannot  obtain  such  a  plan  as 
appears  to  us  just  and  equitable  we  will  not  connect  with  them  but  seek 
after  connections  somewhere  else. — But  let  me  tell  you  my  friends  that 
whatever  town  or  district  undertakes  to  act  in  forming  a  plan  of  Govern- 
ment for  the  State,  w'hen  once  the  plan  is  formed  and  settled,  be  it 
what  it  will,  like  or  not  like  it,  they  are  as  effectually  bound  by  it  as  if 
they  had  made  it  altogether  themselves ;  for  you  cannot  act  in  the  least 
without  first  uniting  and  when  once  united,  whatever  that  Body  does 
will  be  considered  as  your  act  as  much  as  theirs. — Therefore  if  you  con- 
sider yourselves  now  unconnected,  and  that  it  is  your  duty  and  interest 
to  seek  after  connection  with  them,  and  still  retain  liberty  in  your  own 
hands  until  such  time  as  you  can  agree  to  unite,  the  only  proper  way  is, 
to  propose  such  terms  as  you  are  willing  to  unite  upon,  and  if  agreed  to 
then  a  union  may  properly  take  place  ;  but  if  not  agreed  to,  then  you 
are  at  liberty  to  act  otherwise  as  you  think  proper. — Therefore  every  one 
may  know  for  certain  if  he  once  begins  to  act  in  this  affair  he  must  abide 
the  consequences,  for  Jiavitu/  put  his  hand  to  the  plough  he  canH  look  hack. 
— I  urge  this  the  more  not  to  dissuade  those  who  think  it  their  duty  and 
interest  to  seek  after  connection,  but  that  they  may  act  with  their  eyes 
open,  and  not  dabble  in  those  matters,  and  afterwards  complain  that 
they  are  unjustly  dealt  with ;  therefore  all  such  as  are  willing  to  join 
with  said  State  in  forming  a  plan  of  Government,  and  run  the  venture  of 
obtaining  such  an  one  as  may  be  agreeable,  let  them  join,  they  have  a 
right  so  to  do. — But  those  that  are  not,  if  they  intend  to  keep  their 
hands  at  liberty  by  no  means  ought  to  meddle  in  the  least. — And  as 
things  seem  to  be  ripening  fast  to  a  settlement  relative  to  governmental 
affairs  whatever  ought  to  be  done  ought  not  to  be  delayed. 

Finis. 


268  NEW   HAMPSHIRE    GRANTS. 

[Note.  The  paper  which  follows,  evidently  written  in  answer  to  the 
foregoing,  was  copied  from  a  manuscript  in  the  hand-writing  of  the  Hon. 
Timothy  Walker,  of  Concord,  who  at  the  time,  1778,  was  a  member 
of  the  Council  of  the  State.  When  or  in  what  form  it  was  published 
is  not  known.* — Ed.] 

Aji  Address  to  the  Inhabitants  of  the  New  HampsJiire  Grants 
(so  called)  lying  zuestward  of  Connecticnt  River. 

[By  Hon.  Timothy  Walker,  Concord,  N.  H.] 

Friends  and  Fellow  Country-Men. 

The  occasion  of  my  addressing  you  at  this  Time,  is  the  sight  of  a 
very  insignificant  Pamphlet,  the  other  Day  thrown  in  my  way,  intitled 
Observations  (S:c.  relative  to  your  affairs,  lately  printed  at  Danvers,  by 
E.  Russel. 

I  should  not  think  this  performance  worthy  of  the  least  Notice,  but 
that  I  am  certainly  informed,  that  it  is  circulated  up  your  way,  on  both 
sides  of  the  River,  and  is  much  relied  upon,  and  has  a  great  effect  in 
misleading  the  less  knowing  and  judicious,  and  betraying  them  into 
dangerous  errors,  both  in  Judgment  and  Practice,  destructive  of  the 
Public  Welfare. 

Were  we  to  judge  of  the  Author's  design  by  his  Introduction,  and 
indeed,  by  the  bulk  of  his  performance,  we  should  suppose  that  (however 
vague  and  ineffectual  it  is  to  any  such  purpose)  he  proposed  to  offer 
something  of  use  for  your  direction  and  assistance,  in  your  endeavors  to 
extricate  yourselves  from  the  many  Troubles  and  perplexities  you  have, 
for  a  number  of  years,  been  embarrassed  with,  in  consequence  of  your 
subjugation  to  the  Government  of  New  York.  But  by  some  scattered 
Hints  through  the  whole,  and,  especially  the  last  page  of  his  Postscript, 
I  am  led  to  judge  that  the  authors  principal  view,  was  to  pave  the  way, 
and  facilitate  the  introduction  of  a  number  of  Towns  on  the  east  side  of 
the  River  Connecticut  into  your  new  forming  State. 

My  design  is,  to  oiTer  some  things  to  your  consideration,  which,  if 
they  shall  appear  of  equal  weight  to  you,  as  they  do  to  me,  I  imagine 
you  will  judge  them  sufficient  reasons  to  bar  such  a  coalition.  The  au- 
thor's labored  pretense  to  trace  the  two  Provinces  of  New  York  and 
New  Hampshire  from  their  origin,  which  take  up  so  much  room  in  his 
performance,  serves  no  other  end  that  I  can  perceive,  than  to  show  his 
own  gross  Ignorance  in  those  matters ;  for,  whatever  title  the  Duke  of 
York  had,  either  with  respect  to  soil  or  jurisdiction,  in  any  part  of 
America,  either  as  a  Patentee  under  his  Brother,  or  afterwards  in  his 
own  Right,  as  King,  he  soon  lost  it  all,  together  with  his  Crown,  by  his 
misrule  ;  and  New  York,  ever  since  the  Revolutionf  (be  its  bounds  where 
they  may)  has  been  considered  as  a  Royal  Government  in  contradis- 
tinction from  the  Charter  and  Proprietary  Governments. 

No  less  Ignorant  does  he  seem  to  be,  with  respect  to  the  origin  of 
New  Hampshire,  which,  as  far  as  respects  Jurisdiction,  was,  from  the 
beginning,  a  Royal  Government ;  Capt.  John  Mason,  by  several  Grants 
from  the  Council  of  Plymouth,  had  all  the  land  assigned  him,  between 
Salem  River  and  Piscataqua  River,  and  sixty  miles  up  into  Land ;  to 

*The  copy  was  furnished  the  editor  by  Joseph  D.  Walker,  Esq.,  of  Concord,  grandson  of 
Judge  Walker. — Ed. 

f  That  is,  in  England,  1649.      •    •''>- 


AN    ADDRESS    IN    REPLY    TO    '*  REPUBLICAN."  269 

which  he  gave  the  name  of  New  Hampshire,  but  it  was  not  in  the  power 
of  that  Council  to  give  him  Jurisdiction  over  an  Inch,  so  that,  his  dis- 
tinction between  Mason's  New  Hampshire  and  the  King's  New  Hamp- 
shire, is  the  most  idle  whim  that  ever  entered  into  the  Head  of  an  en- 
thusiast in  Politicks. 

No  less  ignorant  does  he  seem  to  be  of  the  English  Constitution  and 
mode  of  expression,  where  he  speaks  of  "  a  Decree  of  the  Board  of 
Trade, '^  as  the  foundation  of  your  subjugation  to  the  Government  of 
New  York.  The  Board  of  Trade  pass  no  decrees  in  such  cases,  but  act 
as  a  sort  of  Committee,  who  are  to  enquire  into  all  circumstances  of  any 
affair  submitted  to  their  cognizance,  and  to  report  to  the  King  and  Privy 
Council  their  opinion  what  is  best  to  be  done. 

But,  to  pass  over  this  and  some  other  Things  as  of  little  or  no  impor- 
tance, and  come  to  matters  of  Fact :  New  York,  ever  since  the  Revolu- 
tion, and  New  Hampshire  from  the  beginning,  had  been  considered  as 
Royal  Governments  ;  and  there,  I  suppose,  both  Lawyers  and  Politi- 
cians, in  both  Englands,  are  agreed,  that  the  King's  Commission  is  the 
Magna  Charter,  or  rather  the  vivifying  Principle  that  puts  life  into  the 
Constitution,  as  well  as  determines  its  Limits  and  many  other  circum- 
stances ;  and  now,  as  the  boundaries  of  these  two  Provinces,  as  far  as 
they  bordered  upon  the  Charter  Governments,  had  been  ascertained, 
so,  when  these  were  passed  by,  the  place  where  the  two  Royal  Govern- 
ments were  to  meet  had  not  been  plainly  and  explicitly  determined, 
until  the  year  1764,  or  thereabouts; — that  is,  the  King  had  never  told 
his  governor  of  New  Hampshire,  in  express  terms,  how  far  west  he 
should  go,  and  there  stop,  nor  his  Governor  of  New  York  how  far  East 
he  should  go  and  then  cease,  until  the  Aera  last  mentioned. 

Now,  this  being  the  case,  it  was  by  the  English  Constitution  a  matter 
of  mere  prerogative,  that  is,  it  was  in  the  King's  Power,  to  fix  this  line 
where  and  as  he  pleased ;  but  this,  as  all  acts  of  Power,  should  be 
guided  by  Wisdom,  conducted  by  Justice,  and  tempered  by  Goodness. 
Now,  I  suppose,  it  was  the  want  of  these  amiable  attendants  of  Power, 
in  this  instance  of  its  exertion,  that  is  the  principal  ground  of  your 
complaint;  that  is,  you  were,  in  a  manner  contrary  to  all  good  Policy, 
and  subversive  of  the  very  end  of  Government,  surreptitiously,  as  it 
were,  torn  and  dissevered  from  a  Province,  under  whose  auspices  you 
settled,  where  your  connections,  acquaintance  and  business  lay,  and 
where  you  had  reason  to  expect  and  hope  for  a  good  share  of  those 
comforts  &  advantages  which  render  society  elegible  and  Government 
beneficial,  and  subjected,  as  it  were,  to  a  foreign  Jurisdiction,  where 
these  blessing  could  not  be  enjoyed  at  all,  or  but  in  a  very  imperfect 
degree.  This,  however  slightly  and  confusedly  it  is,  as  it  were  glanced 
at  by  this  Author,  I  suppose  is  the  principal  source  of  your  peculiar 
troubles.  But  now,  my  Friends,  is  any  thing  like  this  the  case  with  re- 
spect to  those  Towns  on  the  East  side  of  the  River,  now  about  to  join 
you?  Exactly  the  reverse — Every  step  in  the  whole  progress  of  their 
Settlement,  from  its  infancy  to  its  present  improved  state,  has  been  with 
the  entire  consent  of  the  people.  They  have,  in  every  possible  way 
(except  personally  signing  an  instrument  for  the  purpose)  expressed 
their  satisfaction  in  their  situation,  as  a  part  of  New  Hampshire,  in  a 
manner  and  to  a  degree  that  rather  verged  towards  Adulation,  than  ex- 
hibited the  least  sign  of  disgust  and  uneasiness.  They  applied  to  the 
Governor  of  New  Hampshire  and  obtained  of  him  Grants  of  their  Lands 
and  Charters  of  Incorporation,  held  their  Town  meetings  regularly, 


2/0  NEW   HAMPSHIRE   GRANTS. 

chose  their  Town  officers,  transacted  all  business  which  Towns  usually 
do,  without  the  least  lisp  of  murmur  or  complaint.  Gentlemen  have 
taken  and  executed  Commissions,  both  Civil  and  Military,  and  when 
the  Province  was  divided  into  Counties,  one  of  those  very  Towns,  who 
are  now  aiming  at  a  defection,  was  honored  as  a  shire  Town,  and,  at 
an  expense  bordering  on  profusion,  erected  a  Court  House,  held  their 
stated  Courts,  &c.  &c.  The  Governor  of  New  Hampshire  attended  the 
Commencement  at  Dartmouth  College,  (where  the  people  now  join  in 
the  defection)  escorted  by  the  principal  Gentlemen  in  the  vicinity,  and 
there  treated  with  all  the  eclat  and  magnificence  that  could  be  exhibited 
on  the  occasion. 

Thus  matters  stood,  when  the  British  administration  stretched  the 
Iron  Rod  of  Tyranny  and  Despotism  over  these  Provinces,  in  a  manner 
and  to  a  degree  that  left  no  man  secure  in  the  enjoyment  of  his  Property 
or  even  of  his  life. 

At  this  dark  Period,  Delegates  from  the  several  Provinces  were  de- 
sired to  meet  in  General  Congress  to  deliberate  and  determine  what 
could  be  done  to  ward  off  the  fatal  Blow.  Now,  these  very  Towns,  by 
their  Representatives,  met  with  their  Brethren,  the  Representatives  of 
the  other  towns  of  New  Hampshire,  and  joined  with  them  in  the  choice 
of  Delegates  which  made  a  part  of  that  August  Body  which  now  figures 
in  the  principal  Courts  of  Europe,  and  is  particularly  honored  by  the 
Alliance  and  guarantee  of  so  great  a  Prince  as  the  Grand  Monarque. 

But  now,  if  the  Principle  which  this  author  lays  down,  and  which  is 
the  basis  of  his  whole  superstructure,  (viz.  That  the  Declaration  of  In- 
dependence dissolves  all  political  relations  and  connections)  be  admit- 
ted, as  not  only  true  in  theory,  but  also  carried  into  practice,  by  this 
single  blow  of  the  clumsy  Fist  of  this  dabbler  in  politicks,  the  glorious 
Fabrick  (American  Independence)  which  I  suppose  I  may  say  is  the 
admiration  of  all  Europe,  and  the  Esteem  of  all,  with  a  very  few 
exceptions,  will  be  laid  prostrate,  jumbled  into  a  huge  heap  of  sand, 
without  any  cement  to  hold  it  together.  For,  if  Provincial  Lines  that 
were  universally  acknowledged  and  acquiesced  in,  both  by  Governors 
and  Governed,  as  the  true  boundaries  of  the  several  Provinces,  be  re- 
jected as  of  no  validity,  most  certainly  all  subordinate  Corporations, 
depending  upon  the  same  authority  must  share  the  same  Fate.  And 
thus,  the  fine  Country  that  bids  so  fair  to  shine  in  the  annals  of  futurity, 
is  at  once  reduced  to  a  State  of  Nature  (the  Author\s  own  words)  and 
must  soon  sink  under  its  own  loeiglit.  But,  this  is  not  all ;  there  is  a 
minoriiij  in  each  of  these  Towns,  which  sees  things  as  they  are  ;  who 
look  upon  themselves  as  bound  by  every  Social  Tie,  to  approve  them- 
selves as  liege  subjects  of  the  State  of  New  Hampshire  ;  and,  conse- 
quently, in  obedience  and  conformity  to  this  Principle,  which  Reason 
dictates  and  Religion  patronizes,  they  refuse  subjection  to  any  Rules, 
Regulations  or  Orders  of  what  name  or  nature  soever,  inconsistent  with 
the  Faith  they  have  plighted  to  the  State  of  New  Hampshire. — These, 
when  they  find  themselves  unable  to  bear  up  against  the  torrent  of  Rage 
and  Oppression  from  their  cruel  Neighbors,  will,  doubtless,  apply  to  the 
State  of  New  Hampshire  for  protection.  I  must  confess,  I  dont  see 
how  they  can,  and  I  have  no  apprehension  that  they  will,  reject  such 
application;  but,  after  all  lenient  measures  have  been  used,  without 
success,  they  must  and  will  employ  the  Power  of  the  State  to  vindicate 


AN  ADDRESS  IN  REPLY  TO  "REPUBLICAN.      2/1 

and  protect  their  thus  injured  subjects,  altho  at  the  expense  of  the 
Blood  and  Treasure  of  another  Civil  War. 

Now,  pray  Gentlemen,  consider  what  an  unfavorable  light  you  will 
stand  in  with  the  Confederated  States,  when  you  are  considered  as  the 
abettors  at  least  and  accomplices  in  these  scenes  of  devastation  and 
bloodshed  :  particularly  consider  what  a  fund  of  Eloquence  and  Oratory 
you  are  laying  up  in  store  for  the  use  of  New  York  to  be  played  off  against 
you,  whenever  your  case  comes  to  be  candidly  discussed  before  the 
Continental  Congress,  (for  I  am  persuaded  it  must  first  or  last  come  be- 
fore that  august  Assembly)  you,  in  a  manner,  put  words  into  their 
mouths,  and  direct  them  to  address  that  Venerable  Body  in  such  lan- 
guage as  this  : — "  You  now  plainly  see,  Gentlemen,  what  these  nien  are 
aiming  at ;  that,  however  modest  and  submissive  a  tone  they  may,  at 
certain  times  or  on  special  occasions  have  assumed,  yet,  they  now  begin 
to  throw  off  the  mask,  and  discover  the  latent  Principle  of  Malignity 
which  has  all  along  been  at  the  bottom  as  the  animating  spring  of  all 
that  disturbance  which  they  have  occasioned.  We  appeal  to  facts. 
Gentlemen ;  you  have  a  recent  instance  before  you  which  plainly  show 
they  are  for  grasping  all  they  can  lay  hold  of.  Right  or  Wrong.  They 
have  gone  over  the  Line  of  New  Hampshire,  where  they  had  not  the 
least  shadow  of  pretence,  to  intermeddle,  more  than  in  any  other  of  the 
States  of  the  Confederacy ;  and  have  been,  at  least,  accessory  towards 
raising  a  Storm,  which  no  one  knows  where  or  how  it  will  be  ap- 
peased." 

I  have  but  one  thing  more  to  add,  and  that  is  a  hint,  that  it  is  pretty 
well  known  in  Nev/  Hampshire,  that  the  disappointments  of  a  small 
junto  of  aspiring,  avaricious  men,  in  their  endeavors  to  raise  themselves 
and  their  connections  to  a  degree  of  importance  in  the  State,  far,  very 
far,  beyond  what  their  numbers  or  Estates  gave  them  any  pretence  to,  is 
the  source  of  all  this  feud.  Now  unless  the  course  of  nature  should 
change  and  similar  Causes  should  cease  to  produce  similar  Effects,  one 
may  venture  to  predict,  that  this  Spring  wont  lose  its  stimulus  and 
change  its  vibratory  nature,  by  being  turned  the  other  way,  but  will  be 
active  in  endeavors  to  embarrass  and  perplex  your  Affairs. 

I  have  purposely  avoided  a  particular  Address  to  our  Seceding  Breth- 
ren, on  the  East  side  of  the  River  Connecticut,  because  I  understand 
their  rash  proceeding  has  so  awakened  the  attention  of  the  State,  that 
it  will  probably  be  matter  of  public  enquiry  when  the  General  Court 
meets  ;  and  it  might  appear  officious  in  a  private  Subject  to  anticipate  a 
Business  which  will  be  much  better  done  by  the  united  Wisdom  of  the 
State. 

However,  that  they  may  not  think  themselves  wholly  neglected,  if 
there  be  any  weight  in  the  reasoning  and  observations  in  the  foregoing 
Pages,  if  they  will  be  pleased  to  read  them,  they  may,  with  the  altera- 
tion of  a  few  circumstances,  apply  them  to  themselves ;  and  they  will 
find  many  of  them,  A  fortiori,  to  conclude  against  their  own  conduct. 

Thus,  Gentlemen,  I  have  honestly  endeavored  to  lay  before  you  the 
Truth  respecting  an  affair  not  only  of  great  importance  in  itself,  to  the 
Peace  and  Weel  of  those  immediately  concerned  in  it,  but  also  will,  if 
not  seasonably  checked,  go  far  in  its  consequences  towards  sapping  the 
foundation  of  the  Confederation  of  the  United  States ;  and  am  your 
sincere  Friend  and  well  wisher,  in  all  honest  pursuits. 

Pacificus. 

July  i8,  1778. 


2/2  NEW    HAMPSHIRE    GRANTS. 

SECTION   VII. 


[First  attempt  of  Border  Towns  in  New  Hampshire 

TO    UNITE    with    VeRMONT.] 


[Vermont  had  no  sooner  organized  a  government  than  a  disposition 
was  manifested  by  a  portion  of  the  inhabitants  in  border  towns  east 
of  Connecticut  river  to  dissolve  their  connection  with  New  Hampshire, 
and  unite  with  the  people  of  Vermont. 

Accordingly,  on  the  nth  of  March,  177S,  a  petition  from  sixteen 
towns  on  the  east  side  of  Connecticut  river  was  presented  to  the  legis- 
lature of  Vermont,  in  session  at  Windsor,  praying  to  be  admitted  into 
its  Union.  This  led  to  a  direct  controversy  between  New  Hampshire 
and  Vermont.* — Ed.] 


NOTES   BY   THE   EDITOR. 

With  a  view  to  a  clear  understanding  of  the  controversy  between  New 
Hampshire  and  Vermont,  including  especially  the  disputes  about  "  Ma- 
son's line"  (so  called),  which  was  claimed  as  the  western  boundary  of 
New  Hampshire,  the  editor  takes  this  opportunity  to  make  the  following 
statements  : 

The  original  territory  of  New  Hampshire  consisted  of  grants  from  the 
council  of  Plymouth  to  Capt.  John  Mason, — the  first  dated  Nov.  7,  1629, 
and  the  second  April  22,  1635.  In  both  grants  (see  Prov.  Pap.  N.  H., 
Vol.  I,  pp.  21,  32)  the  western  bound  from  the  sea-coast  was  limited  to 
three-score  miles.  A  dispute  in  due  time  arose  both  as  to  where  the 
exact  limit  should  be  fixed,  and  whether  the  western  bound  should  be 
a  curve  or  straight  line.  On  these  questions,  which  were  not  finally  set- 
tled until  1787,  Dr.  Belknap,  in  his  History  of  New  Hampshire,  Vol. 
in,  pp.  13,  I4»  1812,  says, — 

"The  Masonian  proprietors  claimed  a  curve  line  as  their  western 
boundary  ;  and  under  the  royal  government  no  person  had  controverted 
that  claim.  When  the  war  with  Great  Britain  was  terminated  by  the 
peace  of  1783,  the  grantees  of  some  crown  lands,  with  which  this  line 
interfered,  petitioned  the  assembly  to  ascertain  the  limits  of  Mason's 
patent.  The  Masonians  at  the  same  time  presented  a  petition,  showing 
the  pretensions  which  they  had  to  a  curve  line,  and  praying  that  a  sur- 
vey of  it,  which  had  been  made  in  1768  by  Robert  Fletcher,  might  be 
established.  About  the  same  time,  the  heirs  of  Allen,  whose  claim  had 
long  lain  dormant  for  want  of  abihty  to  prosecute  it,  having  consulted 
council,  and  admitted  some  persons  of  property  into  partnership  with 
them,  entered  and  took  possession  of  the  unoccupied  lands  within  the 
limits  of  the  patent ;  and  in  imitation  of  the  Masonians,  gave  general 

♦See  Blade's  Ver.  Pap.,  p.  89. — Ed. 


FIRST    UNION    WITH    VERMONT.  2/3 

deeds  of  quitclaim  to  all  bona  fide  purchasers,  previously  to  the  first  of 
May,  1785,  which  deeds  were  recorded  in  each  county,  and  published  in 
the  newspapers.  They  also  petitioned  the  assembly  to  establish  a  head 
line  for  their  patent. 

"After  a  solemn  hearing  of  these  claims,  the  assembly  ordered  a  survey 
to  be  made  of  sixty  miles  from  the  sea  on  the  southern  and  eastern  lines 
of  the  state,  and  a  straight  line  to  be  run  from  the  end  of  one  line  of 
sixty  miles  to  the  end  of  the  other.  They  also  passed  an  act  to  quiet  all 
bona  fide  purchasers  of  lands  between  the  straight  and  curve  lines,  so 
far  as  that  the  state  should  not  disturb  them.  This  survey  was  made  in 
1787  by  Joseph  Blanchard  and  Charles  Clapham.  The  line  begins  on 
the  southern  boundary,  at  lot  No.  18,  in  the  town  of  Rindge.  Its  course 
is  north — thirty-nine  east.  Its  exent  is  ninety-three  and  one  half  miles. 
It  ends  at  a  point  in  the  eastern  boundary  which  is  seven  miles  and 
two  hundred  and  six  rods  northward  of  Great  Ossapy  river.  This  line 
being  established,  as  the  head  line  or  western  boundary  of  Mason's 
patent,  the  Masonians,  for  the  sum  of  forty  thousand  dollars  in  public 
securities  and  eight  hundred  dollars  in  specie,  purchased  of  the  state 
all  its  right  and  title  to  the  unoccupied  lands  between  the  straight  line 
and  the  curve.  The  heirs  of  Allen  were  then  confined  in  their  claim 
to  those  waste  lands  only  which  were  within  the  straight  line.  They 
have  since  compromised  their  disputes  with  the  proprietors  of  eleven  of 
the  fifteen  Masonian  shares  by  deeds  of  mutual  quitclaim  and  release. 
This  was  done  in  January,  1790." 

The  question  of  the  true  head  line  of  Mason's  patent  is  exceedingly 
complicated,  and  perhaps  impossible  to  be  accurately  determined.  In 
the  original  grant  to  Alason,  of  November  7,  1629,  the  said  grant  in- 
cluded "  all  that  part  of  the  mainland  in  New  England  lying  upon  the 
sea-coast,  beginning  from  the  middle  part  of  Merrimack  river,  and  from 
thence  to  proceed  northwards  along  the  sea-coast  to  Pascataqua  river, 
and  so  forwards  up  within  the  said  river,  and  to  the  furtherest  head 
thereof,  and  from  thence  north-westward,  until  three-score  miles  be  fin- 
ished from  the  first  entrance  of  Pascataqua  river  ;  also,  from  Merrimack 
through  the  said  river,  and  to  the  furtherest  head  thereof,  and  so  for- 
wards up  into  the  lands  westwards,  until  three-score  miles  be  finished ; 
and  from  thence  to  cross  over  land  to  the  three-score  miles  end,  ac- 
compted  from  Pascataqua  river."  This  grant,  as  modified  and  confirmed 
April  22,  1635,  still  limited  the  extent  into  the  interior  to  three-score 
miles  west,  and  on  the  eastern  bound  north-westerly  the  same  extent,  and 
then  to  cross  over  from  one  end  to  the  other  (see  Prov.  Pap.  N.  H., 
vol.  I,  pp.  21,  32). 

In  their  eagerness,  perhaps,  to  make  the  most  of  their  patent,  the 
Masonians  claimed  that  the  cross  line  from  the  south-western  to  north- 
erly bound  should  be  a  curve  line,  or  the  arc  of  a  circle  of  sixty  miles 
from  a  point  on  the  sea-coast.  But  evidently  the  quantity  of  land  taken 
in  by  a  sweep  of  sixty  miles  would  depend  much  on  the  starting-point, 
and  much  more  whether  it  should  be  a  straight  line  or  a  curve.  This, 
therefore,  became  a  matter  of  dispute  and  litigation. 

The  curve  line,  as  drawn  on  Mr.  Carrigain's  map,  1S16,  commences 
at  the  south-western  end,  in  Fitzwilliam,  and  in  its  sweep  across  to  the 
north-eastern  bound  passes  through  Marlborough,  Roxbury,  Sullivan, 
Marlow,  Washington,  Goshen,  New  London,  Wilmot,  Orange,  Hebron, 

18 


274  N^^   HAMPSHIRE    GRANTS. 

Plymouth,  Holderness,  Campton,  Sandwich,  Burton,  to  or  near  the 
south  Une  of  Conway. 

Mr.  Carrigain  says,  on  his  map,  that  "  a  survey  made  in  1768  carried 
the  eastern  end  of  the  Mason  curve  line  teji  miles  further  down.  Hence 
the  straight  line  of  1787  runs  to  the  S.  W.  corner  of  Rindge." 

In  agreement  with  this  statement,  we  find  that  the  straight  line 
drawn  on  Dr.  Belknap's  map,  1791  (see  Belk.  Hist,  of  N.  H.,  vol.  I, 
1812),  commences  at  the  western  end,  in  Rindge,  and  runs  through 
Jaffrey,  Peterborough,  Greenfield,  Francestown,  Weare,  Hopkinton, 
Concord,  Canterbury,  Gilmanton,  across  Lake  Winnipiseogee,  Wolfe- 
borough,  Tuftonborough,  to  Ossipee. 

The  difference  in  the  quantity  of  land,  as  measured  by  the  ciir've  or 
by  the  straight  line,  is,  to  say  the  least,  worth  some  litigation.  These 
complications  were  finally  settled  by  acts  of  the  legislature. 

As  this  is  important  to  a  full  understanding  of  the  matter,  the  action 
of  the  general  assembly  is  here  inserted. 


The  Mason  Line  determined. 

In  the  House  of  Representatives,  January  9*^  1787. 

Report  of  Committee  071  unimproved  Lands. 

*'The  Committee  on  ascertaining  the  waste  or  unim- 
proved Lands  belonging  to  the  State  Reported  that  they 
recommend  that  a  Bill  be  brought  in  appointing  and  fully 
authorizing  a  Committee  to  settle  and  ascertain  the  western 
line  of  a  Tract  of  Land  originally  granted  to  Capt.  John 
Mason,  commonly  called  the  Masonian  Line.  That  said 
Committee  agree  with  the  owners  or  claimants  of  said  Grant 
in  running,  marking  and  establishing  said  Line  in  such  way 
and  manner  as  they  may  mutually  agree — but  in  case  the 
said  owners  or  claimants  &  the  said  Committee  should  not 
agree  in  settling  said  line,  that  then  the  Committee  proceed 
to  run  and  mark  said  line  agreeably  to  the  tenor  and  con- 
struction of  the  original  grant  or  grants  of  the  same,  and 
make  report  thereof  to  the  General  Court. 

The  Committee  recommend,  That  some  Court  be  partic- 
ularly impowered  or  a  new  Court  erected  to  try  and  deter- 
mine all  matters  relative  to  the  performance  or  non-perform- 
ance of  charter  conditions  of  Lands  granted  in  this  State, 
known  by  the  name  of  King's  grants — and  that  as  soon  as 
such  court  shall  be  authorized  or  erected ;  that  the  Attor- 
ney General  be  directed  from  time  to  time,  as  the  General 
Court  shall  think  proper,  to  summon  before  said  Court  the 
owners  or  claimants  of  such  granted  Towns  or  located  lands. 


FIRST    UNION    WITH    VERMONT.  2/5 

as  the  said  General  Court  shall  suppose  deficient  in  per- 
forming their  respective  Charter  conditions,  to  shew  cause 
why  their  said  Lands  should  not  be  declared  forfeit,  and  to 
obtain  before  said  Court  an  equitable  determination  thereon. 
Signed,  Elisha  Payne,  for  the  Committee. 

Which  report  being  read  and  considered,  Voted,  That  it 
be  received  and  accepted,  and  that  a  Bill  or  Bills  be  brought 
in  accordingly.     [Concurred  by  the  Senate.] " 

[Agreeably  to  the  foregoing  report  and  recommendation  of  the  com- 
mittee, a  bill  was  passed  on  the  15th  of  January,  1787,  entided  "An  act 
for  ascertaining  the  waste  lands  belonging  to  this  State."  (See  Rec.  of 
Acts,  1784  to  1789.)— Ed.] 

On  the  28*^  of  June,  1787,  Another  Act  was  passed,  enti- 
tled ''An  Act  to  quiet  all  bona  fide  purchasers  of  lands  be- 
tween a  line  crossing  over  lands  upon  a  strait  course  from 
the  North-east  extremity  of  the  East  line  of  Mason's  pat- 
ent; being  sixty  miles  from  the  Sea  on  a  strait  line  and 
running  to  the  extremity  of  the  Western  side  line  of  said 
patent,  at  sixty  miles  distance  from  the  sea,  on  a  strait  line, 
and  the  ciifve  line  so  called,  claimed  by  the  persons  calling 
themselves  the  Masonian  proprietors,  as  the  head  line  of 
said  patent." 

[Copy  of  said  Act] 

Whereas  doubts  may  arise  in  the  minds  of  honest 
Settlers,  and  bona  fide  purchasers,  that  they  may  be 
disturbed  in  their  possessions,  if  the  lands  between 
the  said  head  line  at  the  end  of  sixty  miles  and  the  said  curve 
line  should  be  recovered  and  taken  possession  of  by  the 
State  :  Wherefore,  to  remove  all  such  doubts — Be  it  enacted, 
by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  That  all  lands  situate  between  the  said 
curve  and  strait  lines,  which  were  bona  fide  granted  or  sold 
by  the  King  of  Great  Britain,  or  by  the  persons  calling 
themselves  the  Masonian  proprietors,  or  by  the  persons 
claiming  the  lands  within  the  said  patent  in  the  right  of 
Samuel  Allen,  Esquire,  prior  to  the  first  day  of  June,  1786, 
be  and  hereby  are  quieted  in  the  title  of  lands  so  purchased, 
so  far  as  that  the  State  shall  not  hereafter  disturb  or  inter- 
fere with  such  titles. 

And  be  it  further  enacted.  That  such  persons  as  have 
entered  and  made  improvements  upon  tracts  of  land  between 


276  NEW    HAMPSHIRE    GRANTS. 

the  said  curve  and  strait  lines,  that  have  not  been  hereto- 
fore  granted  or  sold  by  the  King  of  Great  Britain,  the  Ma- 
sonian  proprietors,  or  the  heirs  of  Samuel  Allen,  Esquire, 
such  persons  or  Inhabitants  shall  be  quieted  in  their  posses- 
sions upon  paying  to  this  State  the  value  of  uncultivated 
lands  in  the  vicinity  of  the  same. 

And  be  it  further  enacted,  That  the  Boundaries  of  all 
Townships  within  this  State,  shall  be  &  remain  as  hereto- 
fore fixed  &  established,  notwitstanding  any  alteration  that 
may  happen  in  the  establishment  of  the  head  line  of  said 
Patent :  Provided,  nevertheless,  that  nothing  in  this  Act 
contained,  shall  be  construed  to  extend  to  lands  now  claimed 
by  persons  commonly  called  the  Masonian  Proprietors  or 
their  heirs,  or  the  proprietors  claiming  under  Samuel  Allen, 
Esquire,  or  their  heirs,  in  their  own  right,  or  any  Township 
granted  or  conveyed  to  and  among  themselves,  not  bona  fide 
conveyed  to  any  other  persons,  or  to  any  lands  reserved  by 
them,  or  either  of  them,  to  and  for  the  use  of  themselves 
and  their  heirs. 

State  of  New  Hampshire,  In  the  House  of  Representatives 

June  28*^  1787: — 

The  foregoing  bill  having  been  read  a  third  time,  Voted 
that  it  pass  to  be  enacted.     Sent  up  for  concurrence. 

John  Sparhawk,  Speaker. 

In  Senate  the  same  day.  This  bill  having  been  read  a 
third  time,  Voted  that  the  same  be  enacted. 

Jn'^  Sullivan,  President. 


[Note.  The  foregoing  statement  of  facts  serves  to  show  the  diffi- 
culty of  fixing  a  head  line  which  should  be  satisfactory  to  all  parties 
interested,  and  also  raises  a  question  how  far  the  projected  new  State 
would  extend  east  of  Connecticut  river. — Ed.] 

[p.  73.]  State  of  Vermont  )  In  General  Assembly,  June  11^^ 
Bennington,  SS.      \      177^. 

On  the  representation  of  a  Committee*  from  the  New 
Hampshire  Grants  (so  called)  east  of  Connecticut  River, 
that  the  said  Grants  are  not  connected  with  any  State  with 

*  The  editor  has  searched  in  vain  for  the  original  papers  containing 
this  "representation,"  as  also  for  the  preliminary  proceedings  which 
led  to  it. 


FIRST    UNION    WITH    VERMONT.  2// 

respect  to  their  internal  police,  and  that  sixteen  Towns  in 
the  northwestern  part  of  said  Grants  have  assented  to  a 
union  with  this  State  agreeable  to  articles  mutually  pro- 
posed by  this  Assembly  and  a  committee  from  the  grants 
east  of  said  River,  as  by  said  Articles  on  file  more  fully  may 
appear ; 

Therefore  Voted  and  Resolved  that  the  sixteen  Towns 
above  referred  to,  viz,  Cornish,  Lebanon,  Enfield,  Dresden, 
Canaan,  Cardigan,  Lime,  Orford,  Piermont,  Haverhill,  Bath, 
Lyman,  Gunthwaite,  Apthorp,  Landaff  and  Morristown,  be 
and  hereby  are  entitled  to  all  the  privileges  and  immunities 
vested  in  any  Town  within  this  State. 

Aso  Voted  and  Resolved,  that  any  Town  on  the  Grants 
east  of  Connecticut  River,  contiguous  to  any  of  the  Towns 
above  mentioned,  and  which  has  not  yet  assented  to  a  union 
with  this  State,  shall  be  received,  on  their  exhibiting  to  the 
Assembly  a  Certificate  of  a  Vote  of  a  major  part  of  the  In- 
habitants of  such  Town  in  favor  thereof ;  or  on  their  ap- 
pointment by  a  major  part  of  the  Inhabitants  of  such  Town 
of  a  member  to  represent  them  in  the  Assembly  of  this 
State ;  and  that  they  shall  thereby  become  entitled  to  all 
the  Rights  appertaining  to  any  Town  within  this  State 
agreeable  to  the  Rules  prescribed  in  the  Constitution. 

Attest.  Benj^  Baldwin,  Jun'^  Clerk, 

A  true  copy  of  Record,  compared 

pr  Tho's  Chandler,  Jun'^  SecX 


Letter  from  NeJieiniaJi  Estabrook  to  Meshech  Weare,  trans- 
mitting Resolves  of  the  State  of  Vermont,  about  the  iLnion 
of  certain  tozvns  with  them,  dated 

Orford,  June  25^^\  1778. 
[p.  71.]  HoN^^  Sir — 

The  Convention  of  Committees  from  the  several  Towns 
mentioned  in  the  inclosed  Copies  take  this  opportunity  to 
transmit  to  you  as  President  of  the  Council  of  the  State  of 
New  Hampshire,  a  Resolve  of  the  Assembly  of  the  State  of 
Vermont  relative  to  a  union  of  said  Towns  with  them,  by 
which  you  will  be  avail 'd  of  the  political  situation  of  these 
United  Towns  &  others,  on  the  grants  who  may  comply  with 
said  Resolve.  We  hope  that  notwithstanding  an  entire  sep- 
eration  has  now  taken  place  between  your  State  and  those 


2^8  NEW    HAMPSHIRE    GRANTS. 

Towns,  an  amicable  settlement  may  be  come  into  at  a 
proper  time  between  the  State  of  New  Hampshire  and  those 
Towns  on  the  Grants  that  unite  with  the  State  of  Vermont, 
relative  to  all  civil  and  military  affairs  transacted  in  connec- 
[p.  72.]  tion  with  the  State  of  New  Hampshire,  since  the 
commencement  of  the  present  war  to  the  time  of  the  union, 
so  that  Amity  and  Friendship  may  subsist  and  continue 
between  the  two  States. 

I  am,  Sir,  in  behalf  of  said  Convention,  with  respect, 
Your  most  obedient  Humble  Servant, 

Nehemiah  Estabrook,*  Chairman. 

To  the  Hon^i^  M.  Weare,  Esq^' 

President  of  the  Council  of  New  Hampshire. 


Letter  fr 0171  Meshech    Weare  to  the  New  Hampshire  Dele- 
gates ill  Congress  on  the  siibject  of  the  above  Pinion,  dated 

[p.  77.]  Exeter,  Aug*  19,  1778. 

Sir — 

By  order  of  the  Council  and  Assembly  of  this  State,  I  am 
to  inform  you  that  the  pretended  State  of  Vermont,  not 
contented  with  the  limits  of  the  New  Hampshire  Grants 
(so  called)  on  the  West  side  of  Connecticut  River,  have  ex- 
tended their  pretended  jurisdiction  over  the  River,  and 
taken  into  the  Union  (as  they  Phrase  it)  sixteen  towns  on 
the  east  side  of  Connecticut  River,  part  of  this  State  who 
can  have  no  more  pretence  for  their  defection  than  any  other 
towns  in  the  State  ;  the  circumstances  of  which  you  are  well 
acquainted  with :  And  great  pains  is  used  to  persuade 
other  towns  to  follow  their  example.  Enclosed  I  send  you 
the  copy  of  a  Letter  from  Mr.  Estabrook  who  stiles  himself 
chairman  of  the  Convention  of  Committees  from  several 
Towns  &c.,  also  the  copy  of  a  Resolve  of  the  s^^  nominal 
State  of  Vermont ;  on  which  you  will  make  your  own  com- 
ments. 

By  the  best  information  I  have  from  that  County  about 

*  Nehemiah  Estabrook  was  of  Lebanon.  In  1776  he  was  one  of  the 
selectmen  of  the  town,  and  deacon  of  the  church.  He  presided  at  a 
meeting  of  several  adjacent  towns,  held  at  the  College  hall  in  Hanover, 
July  5,  1776,  to  consider  the  perilous  condition  of  the  frontier  towns, 
and  to  obtain  assistance  from  the  assembly  of  New  Hampshire.  (See 
State  Pap.,  vol.  VHI,  pp.  248,  297,  298.)— Ed. 


FIRST    UNION    WITH    VERMONT.  2/9 

one  third — nearly  one  half- — of  the  people  in  the  defective 
Towns  are  averse  to  the  proceedings  of  the  majority,  wlio 
threaten  to  confiscate  their  estates  if  they  don't  join  with 
them  ;  and  I  am  very  much  afraid  the  affair  will  end  in  the 
shedding  of  Blood.  Justices  of  the  Peace  have  been  ap- 
pointed &  sworn  into  ofhce  in  those  towns  under  the  pre- 
tended authority  of  s^  Vermont.  I  must  not  omit  to  let  you 
know  that  CoP  Bedel*  who  has  rec^  great  sums  from  Con- 
gress or  their  Generals  under  pretence  of  pay«  men  for 
service  they  never  did  (as  I  am  informed)  by  the  influence 
of  s*^  money  has  occasioned  a  great  share  of  the  disorders 
in  those  Towns.  I  am  directed  to  desire  you  on  receipt  of 
this  to  advise  with  some  of  the  members  of  Congress  on 
this  affair  &  proceed  as  you  may  judge  expedient  after  ad- 
vising as  afores^.  Endeavor  to  obtain  the  aid  of  Congress, 
if  you  think  they  can  with  propriety  take  up  the  matter. 
Indeed  unless  Congress  interferes  (whose  admonition  only 
will  be  obeyed)  I  know  not  what  consequences  will  follow ; 
very  possible  the  sword  will  decide  it,  as  the  minority  in 
those  towns  are  claiming  protection  from  this  State,  and 
they  think  themselves  bound  by  every  tie  to  afford  it ;  and 
you  know  every  condescending  method  that  could  be  in- 
vented, has  been  offered  them  in  the  beginning  of  the 
Schism  and  was  rejected.  I  doubt  not  of  your  application 
and  efforts  in  this  matter,  which  if  effective  will  exceedingly 
serve  the  State  and  probably  prevent  numberless  calamities 
to  the  People. 


Hon.  Josiah  Bartlett  &  John  Wentworth,  Esq^ 


Letter  from  President  Weare  to  Governor  CJiittendeJt,  dated 

Exeter,  August  22,  1778. 
(Copied  from  Slade's  State  Pap.,  p.  91.) 
Sir — 

Although  I  have  had  information  that  the  people  settled 
on  the  New  Hampshire  Grants  (so  called)  west  of  Connect- 
icut River,  had  formed  a  plan  for  their  future  Government, 
and  elected  you  their  first  magistrate  ;  yet,  as  they  have  not 

*  Col.  Timothy  Bedel  was  a  resident  in  Haverhill,  and  an  influential 
citizen. — Ed. 


280  NEW   HAMPSHIRE    GRANTS. 

been  admitted  into  the  confederacy  of  the  United  States  as 
a  separate,  distinct  body,  I  have  omitted  to  address  you  in 
your  magistratical  style,  and  not  out  of  disrespect  to  you,  or 
the  people  over  whom  you  preside ;  which,  in  these  circum- 
stances, I  doubt  not,  your  candor  will  excuse,  and  that  you 
will  attend  to  the  important  subject  of  this  address. 

A  paper  has  been  laid  before  the  General  Assembly, 
attested  by  Thomas  Chandler,  jun.  as  Secretary  of  the  State 
of  Vermont,  dated  June  ii,  1778,  purporting  a  resolution  of 
the  General  Assembly  of  the  State  of  Vermont,  to  receive 
into  union  with  said  State,  sixteen  towns  on  the  east  side 
of  Connecticut  river ;  and  leave,  or  rather,  an  invitation,  to 
any  towns  contiguous  to  those  sixteen,  to  enter  into  the 
same  union. 

On  which  I  am  directed  to  represent  to  you,  and  to  desire 
it  may  be  laid  before  the  representatives  of  your  people,  the 
intimation  in  said  resolve,  that  the  said  sixteen  towns,  '  are 
not  connected  with  any  State,  with  respect  to  their  internal 
police,'  is  an  idle  phantom,  a  mere  chimera,  without  the 
least  shadow  of  reason  for  its  support. 

The  town  of  Boston,  in  Massachusetts,  or  Hartford  in 
Connecticut  (if  disposed)  might,  as  rationally,  evince  their 
being  unconnected  with  their  respective  States,  as  those 
sixteen  towns  their  not  being  connected  with  New  Hamp- 
shire. 

Were  not  those  towns  settled  and  cultivated,  under  the 
grant  of  the  Governor  of  New  Hampshire  ^  Are  they  not 
within  the  lines  thereof,  as  settled  by  the  King  of  Great 
Britain,  prior  to  the  present  era .''  Is  there  any  ascertaining 
the  boundaries  between  any  of  the  United  States  of  Amer- 
ica, but  by  the  lines  formerly  established  by  the  authority 
of  Great  Britain  ?  I  am  sure  there  is  not.  Did  not  the 
most  of  those  towns  send  delegates  to  the  Convention  of  this 
State  in  the  year  1775  .''  Have  they  not,  from  the  commence- 
ment of  the  present  war,  applied  to  the  State  of  New  Hamp- 
shire for  assistance  and  protection  ?  It  is  well  known  they 
did — and  that  New  Hampshire,  at  their  own  expense,  hath 
supplied  them  with  arms,  ammunition  &c.  to  a  very  great 
amount,  as  well  as  paid  soldiers  for  their  particular  defence ; 
and  all  at  their  request,  as  members  of  this  State — whence 
then,  could  this  new  doctrine,  that  they  were  not  connected 
with  us,  originate .''    I  earnestly  desire  that  this  matter  may 


FIRST    UNION    WITH   VERMONT.  28 1 

be  seriously  attended  to ;   and  I  am  persuaded  the  tendency 
thereof,  will  be  to  anarchy  and  confusion. 

When  I  consider  the  circumstances  of  the  people  west  of 
Connecticut  River,  the  difficulties  they  encountered  in  their 
first  settlement,  their  late  endeavors  to  organize  govern- 
ment among  themselves,  and  the  uncertainty  of  their  being 
admitted,  as  a  separate  State,  into  the  confederacy  of  the 
United  States,  I  am  astonished  that  they  should  supply 
their  enemies  with  arguments  against  them,  by  their  con- 
necting themselves  with  people,  whose  circumstances  are 
wholly  different  from  their  own,  and  who  are  actually  mem- 
bers of  the  State  of  New  Hampshire.  A  considerable  num- 
ber of  inhabitants  of  those  sixteen  towns  (I  am  well  in- 
formed) are  entirely  averse  to  a  disunion  with  the  State  of 
New  Hampshire,  and  are  about  to  apply  to  this  State  for 
protection ;  indeed,  some  have  already  applied.  And  are 
not  the  people  in  this  State  under  every  obligation,  civil 
and  sacred,  to  grant  their  brethren  the  needed  defence  ? 

I  beseech  you.  Sir,  for  the  sake  of  the  people  you  preside 
over,  and  the  said  people,  for  the  sake  of  their  future  peace 
and  tranquillity,  to  relinquish  every  connection,  as  a  political 
body,  with  the  towns  on  the  east  side  of  Connecticut  river, 
who  are  members  of  the  State  of  New  Hampshire,  entitled 
to  the  same  privileges  as  the  other  people  of  said  State, 
from  which  there  has  never  been  any  attempt  to  restrict 
them. 

I  am,  Sir,  with  due  respect, 

Your  obedient  humble  servant, 

Meshech  Weare, 
President  of  the  Council  of  the  State  of  N.  H. 
Hon.  Thomas  ChittendeUj  Esq. 


282  NEW   HAMPSHIRE    GRANTS. 

[Note.  On  the  receipt  of  this  letter,  Governor  Chittenden  convened 
the  council,  and  Gen.  Ethan  Allen  was  requested  to  repair  to  Philadel- 
phia to  ascertain  the  views  entertained  by  congress  of  the  proceedings 
of  Vermont.     On  his  return  Gen.  Allen  made  report  as  follows  : — Ed.] 

[Copied  from  Slade's  Ver.  State  Pap.,  pp.  92,  93.] 

To  his  Excellency,  the  Governor,  the  Honourable  the  Coun- 
cil, and  to  the  Representatives  of  the  freemen  of  the 
State  of  Vermont,  in  General  Assembly  met.* 

Gentlemen — 

The  subscriber  hereto,  begs  leave  to  make  the  following 
report,  viz. 

By  the  desire  of  his  Excellency,  and  at  the  request  of 
several  of  the  members  of  the  honourable  the  Council,  to  me 
made  in  September  last,  I  have  taken  a  journey  to  Phila- 
delphia, in  order  to  gain  knowledge  how  the  political  situa- 
tion of  the  State  of  Vermont  stood,  in  the  view  of  Con- 
gress ; — which  I  here  exhibit. 

On  the  16^^^  day  of  September  last,  I  am  informed  by 
members  of  Congress,  that  the  delegates  from  the  State  of 
New  Hampshire  exhibited  to  Congress  a  remonstrance 
(which  they  had  previously  received  from  the  Council  and 
Assembly  of  said  Statef)  against  the  proceedings  of  the 
State  of  Vermont,  with  respect  to  their  taking  into  union 
a  number  of  towns,  on  the  east  side  of  Connecticut  river, 
and  in  their  inviting  other  towns  to  revolt  from  New  Hamp- 
shire ;  a  copy  of  which  I  herewith  exhibit :  a  matter,  which 
they  allege,  was  incompatible  with  the  right  of  New  Hamp- 
shire, and  an  infringement  on  the  confederacy  of  the  United 
States  of  America  ;  and,  therefore,  desired  the  Congress  to 
take  the  matter  under  consideration,  and  grant  some  order 
thereon,  to  prevent  the  effusion  of  blood,  and  the  confusion 
and  disorders  which  would,  otherwise,  inevitably  ensue. 

The  delegates  from  New-York,  at  the  same  time,  exhib- 
ited  to    Congress    sundry   papers,    containing    allegations 

*  At  this  session  of  the  legislature  representatives  from  ten  of  the  six- 
teen towns  on  the  east  side  of  Connecticut  river  took  their  seats  in  the 
general  assembly. — WilHams's  Hist. 

f  This  remonstrance  has  not  been  found.  The  committee  appointed 
to  draw  it  up  were,  on  the  part  of  the  house.  Col.  Hobart,  Mr.  Gains, 
Mr.  Odiorne,  Mr.  Porter,  and  Capt.  Calfe  ;  and  on  the  part  of  the  coun- 
cil Mr.  Walker  and  Mr.  Thompson.  (N.  H.  State  Pap.,  vol.  VIII,  p. 
790.) — Ed. 


FIRST   UNION   WITH   VERMONT.  283 

against  the  State  of  Vermont,  which,  after  some  altercations, 
were  admitted ;  and  it  was  agreed  that  the  same,  together 
with  the  remonstrance  from  the  State  of  New  Hampshire, 
should  be  taken  under  consideration,  on  the  afternoon  of  the 
i8*^  by  a  Committee  of  the  whole  house; — at  which  time 
it  was  moved  to  be  brought  forward ;  but  urgent  business 
occasioned  its  being  deferred  to  the  19^'^;  at  which  time  I 
arrived  at  Philadelphia,  and  being  immediately  informed  of 
the  business  by  some  of  the  members  of  Congress,  I  used 
my  influence  against  its  being  hastily  determined  ex  parte; 
and  particularly  objected  to  the  complaints  from  the  States 
of  New  Hampshire  and  New  York,  their  being  both  consid- 
ered at  the  same  time,  alledging  that  they  were  of  a  very 
different  nature.  And,  in  consequence  of  this,  together 
with  my  earnest  request  and  application,  I  obtained  assur- 
ance that  the  matter  should  not  be  brought  to  a  decision 
before  I  could  have  an  opportunity  to  lay  the  matter  before 
this  people ;  as  I  had,  previously,  let  the  members  of  Con- 
gress know,  that  the  Assembly  of  this  State  was  to  sit  at 
this  time  ;  and  I  engaged  to  transmit  the  proceedings  of  this 
Assembly  to  Congress,  as  soon  as  they  transpired  at  their 
request. 

The  allegations,  thrown  by  New- York,  received  a  most 
severe  shock  on  the  perusal  of  my  late  pamphlet  in  answer 
to  his  Excellency  Governor  Clinton's  proclamation,  dated 
in  February  last,  containing  overtures  to  the  inhabitants  of 
this  State ;  as  well  as  from  my  large  treatise  on  the  nature 
and  merit  of  the  New  York  claim,  and  their  treatment  to 
the  inhabitants  of  this  now  State  of  Vermont.  In  fine,  the 
New  York  complaints  will  never  prove  of  sufficient  force  in 
Congress,  to  prevent  the  establishment  of  this  State.  But, 
from  what  I  have  heard  and  seen  of  the  disapprobation,  at 
Congress,  of  the  union  with  sundry  towns,  east  of  Connect- 
icut river,  I  am  sufficiently  authorized  to  offer  it  as  my 
opinion,  that,  except  this  State  recede  from  such  union, 
immediately,  the  whole  power  of  the  Confederacy  of  the 
United  States  of  America,  will  join  to  annihilate  the  State 
of  Vermont,  and  to  vindicate  the  right  of  New  Hampshire, 
and  to  maintain,  inviolate,  the  articles  of  confederation, 
which  guarantee  to  each  state  their  privileges  and  immu- 
nities. 

Thus,  Gentlemen,  I  have  given  you  a  short  representation 


284  NEW   HAMPSHIRE   GRANTS. 

of  the  political  situation  of  this  State  as  it  now  stands  in 
the  General  Congress  of  the  United  States  of  America, 
upon  which  I  stake  my  honour. 

Given  under  my  hand,  at  Windsor,  this   10*^  day  of  Oct. 
A.  D.  1778. 

Ethan  Allen. 


[Note.  Immediately  upon  this  report,  tlie  legislature  of  Vermont, 
agreeably  to  the  opinion  and  advice  of  Gen.  Allen,  took  measures  "  to 
recede  from  the  Union"  which  had  been  formed  with  the  sixteen 
towns  east  of  Connecdcut  river.  The  record  of  their  proceedings  is 
found  in  full  in  Slade's  Vermont  State  Papers,  pp.  94-101,  and  also  in 
''Governor  and  Council  Records"  of  Vermont,  vol.  I,  Appendix,  pp. 
405-426 — of  which  the  essential  points  relating  to  the  discontinuance  of 
the  Union  are  indicated  by  votes  on  the  three  following  questions  : — Ed.] 

[p.  79.]  Windsor,  October  21^*,  1778,  Assembly  met,  ac- 
cording to  adjournment ;  the  following  Questions  were  pro- 
posed, and  answered,  as  herein  stated,  (viz.) 

Question  i^\  Whether  the  Counties  in  this  State  shall 
remain  as  they  were  established  by  this  Assembly  at  their 
session  in  March  last  ? 

Yeas  35.  Nays  26. 

Question  2""^^.  Whether  the  Towns  East  of  the  River  in- 
cluded in  the  Union  with  this  State,  shall  be  included  in 
the  County  of  Cumberland  ? 

Yeas  28.  Nays  33. 

Question  y^.  Whether  the  Towns  on  the  East  side  of 
Connecticut  River,  who  are  included  by  Union  within  this 
State,  shall  be  erected  into  a  distinct  County  by  them- 
selves ? 

Yeas  28.  Nays  33. 

[Note.  The  votes  on  the  several  questions  foregoing,  virtually  re- 
scinded the  union  which  had  been  formed,  inasmuch  as  they  disallowed 
any  and  all  of  the  said  sixteen  towns  any  connection,  either  with  the 
already  established  counties  of  Vermont,  or  any  county  by  themselves. 
Hence,  against  these  proceedings  was  entered  the  following  Protest, 
viz. : — Ed.] 


FAILURE  OF  UNION  WITH  VERMONT.         28$ 

Protest  of  members  of  the  General  Assembly  of  Vermonty 
representing  Nezv  Hampshire  towns  east  of  Connecticut 
river,  and  border  towns  zvest. 

[p.  8i.]  State  of     )  Windsor,  October,  22''  1778. 

V  ermont.  j 

We  whose  names  are  under  written,  members  of  the 
Council  and  General  Assembly  of  said  State,  beg  leave  to 
lay  before  the  Assembly  the  following  as  our  Protest  and 
Declaration  against  their  proceedings  on  Wednesday  the 
twenty-first  instant,  in  passing  the  three  following  votes  or 
Resolutions,  viz. 

''  i^*  That  the  Counties  in  this  State  shall  remain  as  they 
''were  established  by  the  Assembly  of  this  State  in  March 
"  last.  2^"^  That  the  Towns  on  the  east  side  of  the  River 
"  included  in  the  union  with  this  State,  shall  not  be  included 
"  in  the  County  of  Cumberland.  ^^^^  That  the  Towns  on  the 
"  east  side  of  the  River  shall  not  be  erected  into  a  distinct 
"  County  by  themselves."  (As  by  said  votes  on  the  Journal 
of  the  House  may  appear :)  which  votes  are  illegal,  and  in 
Direct  violation  of  the  Constitution  of  this  State,  and  the 
Sollemn  Engagements  and  publick  faith  Pledged  by  the 
Resolutions  of  said  assembly,  as  by  the  following  observa- 
tions plainly  appear ;  (viz.) 

i^*  That  as  the  Towns  on  the  east  side  of  said  River  were 
never  annexed  to  any  County  in  said  State  they  are  conse- 
quently by  said  votes  intirely  excluded  the  Liberties,  privi- 
leges. Protection,  Laws  and  Jurisdiction  of  said  State ; — all 
which  were  granted  them  by  the  State,  by  an  Act  or  Re- 
[p.  83.]  solve  of  Assembly  passed  at  Bennington  in  June  last, 
containing  the  union  and  confederation  of  the  State  and 
said  Towns,  by  which  Act  or  Resolve  of  Assembly  every 
Town  included  in  the  union  Received  by  a  Grant  from  the 
then  State  of  Vermont  all  the  rights,  powers  and  privileges 
of  any  other  Towns  in  said  State ;  which  they  cannot  be 
deprived  of  without  their  consent, — as  it  is  a  maxim,  that 
the  Grantor  or  Grantors  cannot  Resume  their  grant  without 
the  surrender  of  the  Grantee  or  Grantees. 

2"*^  That  said  votes  are  in  Direct  opposition  to  a  Solemn 
Resolution  of  the  Assembly  Passed  the  20*'^  Instant  Estab- 
lishing the  Report  of  the  Committee  of  both  Houses,  in 
which  Report  the  Assembly  have  solemnly  covenanted  to 


286  NEW   HAMPSHIRE    GRANTS. 

Defend  the  whole  of  the  State  entire,  as  it  then  was,  includ- 
ing said  Town. 

3^'^  That  by  the  Constitution  of  the  State,  especially  the 
sixth  Article  in  the  Bill  of  Wrights,  Government  is  instituted 
or  Declared  to  be  a  right  of  every  part  of  the  Community, 
and  not  a  part  only — said  Votes  are  therefore  a  violation  of 
the  Constitution. 

4*^^  That  so  far  as  the  Assembly  have  power,  they  have, 
by  said  votes  totally  destroyed  the  Constitution  of  the  State, 
by  Depriving  those  Towns  included  in  the  union,  of  the 
[p.  84.]  Exercise  of  Jurisdiction,  power  or  Privilege  granted 
them  ;  and  the  Confederation  by  which  the  Towns  in  the 
State  are  combined  and  held  together  as  one  body ; — and  as 
no  political  Body  can  exercise  a  partial  jurisdiction  by  vir- 
tue of  a  Confederation  or  agreement  for  the  people,  to  ex- 
ercise Government  over  the  whole :  it  is  therefore  either 
void  or  Destroys  both  the  Confederation  and  Constitution. 

We  do  therefore  hereby  publickly  declare  and  make 
known  that  we  cannot  consistant  with  our  Oaths  and  En- 
gagements to  this  State  (so  long  as  said  votes  stand  and 
continue  in  force)  exercise  any  office  or  place  either  Legis- 
lative, Executive  or  Judicial  in  this  State ;  but  look  upon 
ourselves  as  being  thereby  Discharged  from  any  and  every 
former  Confederation  and  Association  with  this  State. 

Joseph  Marsh,  D.  G.  Stephen  Tilden 

Peter  Olcott,  Ass*  Tho^  Baldwin 

Tho^  Mordock,  Ass*  Jcha^^  Ormsbee 

Elisha  Payne  Reuben  Foster 

Israel  Morey  John  Wheatley 

James  Bailey  John  Nutting 

John  Young  Nehemiah  Esterbrooks 

Joseph  Hatch  Abner  Chandler 

Abel  Curtis  Francis  Smith 

Alex^^  Harvey  Benjamin  Baldwin 

Bela  Turner  Elijah  Alvord 

Jon-"^  Freeman  Joseph  Parkhurst 

David  Woodward  Benjamin  Spaulding. 
Beza.  Woodward 


FAILURE   OF    UNION   WITH   VERMONT.  2%^ 

Letter  from  Thomas  Chittenden  to  MesJiech  Weare  relating 
to  towns  east  of  Connecticut  I'ivery  dated 

Windsor,  23''^  Oct''  1778. 
[p.  85.]  Sir — I  am  directed  by  the  Council  and  Assembly 
now  sitting  to  acquaint  your  honor  that  they  have  had  under 
consideration,  the  subject  of  your  letter  to  me,  dated  the 
22^^  day  of  August  last.  Whereupon  they  have  Resolved 
that  no  additional  exercise  of  jurisdictional  authority  be  had 
(by  this  State)  east  of  Connecticut  River,  for  the  time  be- 
ing :  on  which  Resolution  the  Members  who  appeared  to 
represent  those  sixteen  Towns  east  of  the  said  River  said  to 
be  united  to  this  State,  have  entered  their  dissent  to  such 
Resolution  on  the  minutes  of  the  house  and  withdrawn; 
under  v/hich  circumstances  they  can  have  no  pretensions  to 
any  claim  of  Protection  from  this  State, — who  are  so  far 
from  a  disposition  to  interfere  on  the  Rights  of  N.  Hamp- 
shire as  to  gratefully  acknowledge  their  generous  and  timely 
assistance  at  the  important  battle  of  Bennington,  by  which 
means  this  Infant  State  was  preserved. 

This  Assembly  of  this  State  have  appointed  his  Hon'*  Ira 
Allen,  Esq^'  to  wait  on  your  Honor  &  Council  with  this  ex- 
press, v/ho  will  doubtless  be  able  to  give  any  further  satis- 
faction in  the  premises. 

I  am,  Sir,  with  due  Respect  your 

most  obed*^  Hum^  Servant, 

Tho^  Chittenden. 
Hon^^®  Meshech  Weare,  Esq^'. 


Letter  from  Ethan  Allen  to  Meshech  Weare,  7'elating  to 
towns  east  of  ConnecticiU  river  and  his  appoititment  as 
agent,  &c. 

[p.  89.]  Sta^t^of  ^  I  Windsor,  2^^  October,  1778. 

Sir — In  conformity  to  my  Engagement  to  Col.  Bartlett, 
one  of  the  members  of  Congress  from  New  Hampshire,  I 
am  Induced  to  write  to  your  Honor  Respecting  a  Number 
of  Towns  to  the  Eastward  of  Connecticut  River,  which  in- 
advertantly by  Influence  of  Designing  men,  have  lately  been 
brought  into  Union  with  the  State  of  Vermont ; — which  in 
my  opinion  is  Now  entirely  Desolved.  I  Engaged  Col. 
Bartlet  to    use   my  Influence  at  this  Assembly,  for  that 


288  NEW   HAMPSHIRE   GRANTS. 

Purpose.  The  Governor's  Letter  to  your  Honour,  Together 
with  what  Squire  Allen,  the  Bearer  will  communicate,  will 
set  this  matter  in  its  True  Light. 

The  Union  I  ever  view'd  to  be  Incompatible  with  the 
Right  of  New  Hampshire,  and  have  Punctually  Discharged 
my  obligation  to  Col.  Bartlet,  for  its  Dissolution ;  and  that 
worthy  Gentleman  on  his  part  assured  me,  that  he  had  no 
directions  from  the  Government  of  New  Hampshire,  to  ex- 
tend their  claims  to  the  westward  of  Connecticut  River,  to 
interfere  with  the  State  of  Vermont;  and  I  hope  that  the 
Government  of  New  Hampshire  will  excuse  the  Imbicility 
of  Vermont,  in  the  matter  of  the  union.  I  apprehend  Col. 
Payne*  had  a  principal  Influence  in  it,  and  it  was  with  Dififi- 
culty  that  the  Assembly  got  rid  of  him. 

I  am  appointed  by  this  Assembly  to  act  as  Agent  for 
the  State  of  Vermont,  at  Congress,  where  I  shall  shortly 
repare,  and  Defend  that  New  Hampshire  will  Acceede  to 
the  Independency  of  the  State  of  Vermont,  as  the  late  Ob- 
stacles are  honorably  removed. 

I  am  with  Due  respect 

Sir,  your  very  Humble  Serv* 

Ethan  Allen. 
Hon^^^  Meshech  Wear,  Esq^ 

*  Col.  Elisha  Payne  came  from  Connecticut,  and  was  a  proprietor  and 
early  settler,  1773-4,  in  Cai'digaii,  now  Orange.  He  was  a  friend  of 
Dr.  Wheelock,  and  from  1774  to  1801  was  a  trustee  of  the  college,  and 
in  1779  and  1780  was  treasurer.  A  man  of  strong  mind,  of  great  deci- 
sion and  energy,  he  early  took  a  leading  part  in  the  movement  in  which 
the  towns  east  of  Connecticut  river  were  engaged.  At  the  October  ses- 
sion of  the  Vermont  assembly,  1778,  he  was  a  representative  from  Car- 
digan. In  1781  he  was  elected  Lieutenant-Governor  of  Vermont.  He 
was  delegate  to  the  convention  which  met  in  Charlestown,  Jan.  16, 
1781,  and  afterwards,  at  Cornish,  one  of  the  committee  to  make  a  re- 
port relating  to  towns  west  of  what  was  called  the  "Mason  Patent," 
with  a  view  to  union  with  Vermont.  In  1781  he  represented  Lebanon 
in  the  Vermont  assembly.  He  became  chief-justice  of  the  supreme 
court  of  Vermont,  and  in  1782  a  delegate  to  congress.  In  December, 
1781,  he  was  a  major-general  of  the  militia  of  the  state,  and  authorized 
to  call  them  out  to  repel  New  Hampshire  forces  "  force  by  force."  He 
left  many  valuable  papers,  which  it  is  said  went  into  the  hands,  first,  of 
a  grandson.  Col.  Elisha  Payne  Jewitt,  of  Montpelier,  and  afterwards 
were  in  possession  of  the  late  Henry  Stevens. — Ed. 


FAILURE  OF  UNION  WITH  VERMONT.         289 

Letter  front  the  Convention  at  Windsor^  signed  by  Joseph 
Marsh,  Chairman,  to  Henry  Lanre7is,  President  of  Con- 
gress. 

[p.  93.]  Windsor,  on  the  New  Hampshire 

Grants,  October  23,  a  d  1778. 
Sir 

May  it  please  your  Excellency  : 

The  Assembly  of  the  State  of  Vermont  had  a  report  laid 
before  them  on  the  13*''  Instant,  signed  by  Col:  Ethan 
Allen,  purporting  that  Congress  had  received  sundry  mat- 
ters of  information  or  complaint  relative  to  the  proceedings 
of  the  N^  Hampshire  Grants,  and  which  they  had  deter- 
mined to  take  into  consideration ;  but  at  his  solicitation 
were  deferred,  till  opportunity  might  be  had  to  communi- 
cate the  intelligence  to  the  people  on  those  Grants; — re- 
specting which  we  beg  leave  in  justice  to  our  cause  to 
remark  that  Col.  Allen  nor  any  other  person  (that  we  know 
of)  has  as  yet  been  authorized  by  the  people  on  those  Grants 
to  appear  in  their  behalf  at  Congress,  (except  those  persons 
who  preferred  a  petition  which  was  dismissed  last  year)  & 
which  measure  they  had  omitted  from  an  apprehension  that 
Congress  were  desirous  not  to  be  troubled  with  the  matter 
at  present.  Nor  do  we  by  this  mean  any  thing  further,  than 
to  inform  them  that,  on  the  above  mentioned  representation, 
and  copies  of  letters  from  the  Hon^^®  the  President  of  the 
Council  of  New  Hampshire  to  their  members  at  Congress, 
and  to  Governor  Chittenden,  the  Assembly  of  Vermont  in 
a  Committee  of  the  whole  agreed  o